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JUN 3 1988
The
wtfORTH CAROLINA
REGISTER
IN THIS ISSUE
■mru
EXECUTIVE ORDER
PROPOSED RULES
Administration
Examiners Electrical Contractors
Insurance
FINAL OF RULES
Transportation
^V/STRN^
ISSUE DATE: JUNE 1, 1988
Volume 3 • Issue 5 • Pages 146-184
INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE
NORTH CAROLINA REGISTER
The North Carolina Register is published bi-monthly
and contains information relating to agency, executive,
legislative and judicial actions required by or affecting
Chapter 150B of the General Statutes. All proposed, ad-
ministrative rules and amendments filed under Chapter
150B must be published in the Register. The Register
will typically comprise approximately fifty pages per
issue of legal text.
State law requires that a copy of each issue be pro-
vided free of charge to each county in the state and to
various state officials and institutions. The North
Carolina Register is available by yearly subscription at
a cost of ninety-five dollars ($95.00) for 24 issues.
Requests for subscriptions to the North Carolina
Register should be directed to the Office of Ad-
ministrative Hearings, P. O. Drawer 1 1666, Raleigh, N.
C. 27604, Attn: Subscriptions.
ADOPTION, AMENDMENT, AND REPEAL OF
RULES
An agency intending to adopt, amend, or repeal a rule
must first publish notice of the proposed action in the
North Carolina Register. The notice must include the
time and place of the public hearing; a statement of how
public comments may be submitted to the agency either
at the hearing or otherwise; the text of the proposed
rule or amendment; a reference to the Statutory
Authority for the action and the proposed effective date.
The Director of the Office of Administrative Hearings
has authority to publish a summary, rather than the
full text, of any amendment which is considered to be
too lengthy. In such case, the full text of the rule con-
taining the proposed amendment will be available for
public inspection at the Rules Division of the Office of
Administrative Hearings and at the office of the pro-
mulgating agency.
Unless a specific statute provides otherwise, at least
30 days must elapse following publication of the pro-
posal in the North Carolina Register before the agency
may conduct the required public hearing and take ac-
tion on the proposed adoption, amendment or repeal.
When final action is taken, the promulgating agency
must file any adopted or amended rule for approval by
the Administrative Rules Review Commission. Upon ap-
proval of ARRC, the adopted or amended rule must be
filed with the Office of Administrative Hearings. If it
differs substantially from the proposed form published
as part of the public notice, upon request by the agen-
cy, the adopted version will again be published in the
North Carolina Register.
A rule, or amended rule cannot become effective
earlier than the first day of the second calendar month
after the adoption is filed with the Office of Ad-
ministrative Hearings for publication in the NCAC.
Proposed action on rules may be withdrawn by the
promulgating agency at any time before final action is
taken by the agency.
TEMPORARY RULES
Under certain conditions of an emergency nature,
some agencies may issue temporary rules. A temporary
rule becomes effective when adopted and remains in
effect for the period specified in the rule or 180 day;
whichever is less. An agency adopting a temporary rul
must begin normal rule-making procedures on the pei
manent rule at the same time the temporary rule i
adopted.
NORTH CAROLINA ADMINISTRATIVE CODE
The North Carolina Administrative Code (NCAC) i
a compilation and index of the administrative rules c
25 state agencies and 38 occupational licensing board;
The NCAC comprises approximately 15,000 letter siz<
single spaced pages of material of which approximatt
ly 35% is changed annually. Compilation and public:
tion of the NCAC is mandated by G.S. 150B-63(b).
The Code is divided into Titles and Chapters. Eac
state agency is assigned a separate title which is fu
ther broken down by chapters. Title 21 is designate
for occupational licensing boards.
The NCAC is available in two formats.
(1) Single pages may be obtained at a minimui
cost of two dollars and 50 cents ($2.50) for 1
pages or less, plus fifteen cents ($0. 1 5) per eac
additional page.
(2) The full publication consists of 52 volume
totaling in excess of 15,000 pages. It is su]
plemented monthly with replacement pages,
one year subscription to the full publication i
eluding supplements can be purchased f(
seven hundred and fifty dollars ($750.00). I
dividual volumes may also be purchased wit
supplement service. Renewal subscriptions f(
supplements to the initial publication availabl
Requests for pages of rules or volumes of the NCA
should be directed to the Office of Administrath
Hearings.
NOTE
The foregoing is a generalized statement of the pr
cedures to be followed. For specific statutory languag
it is suggested that Articles 2 and 5 of Chapter 150B <
the General Statutes be examined carefully.
CITATION TO THE NORTH CAROLINA
REGISTER
The North Carolina Register is cited by volume, issu
page number and date. 1:1 NCR 101-201, April 1, 19i
refers to Volume 1, Issue 1, pages 101 through 201
the North Carolina Register issued on April 1, 1986
North Carolina Register. Published bi-monthly by
the Office of Administrative Hearings, P.O.
Drawer 1 1666, Raleigh, North Carolina 27604, pur-
suant to Chapter 150B of the General Statutes.
Subscriptions ninety-five dollars ($95.00) per year.
North Carolina Administrative Code. Published
in looseleaf notebooks with supplement service by
the Office of Administrative Hearings, P.O.
Drawer 1 1666, Raleigh, North Carolina 27604, pur-
suant to Chapter 150B of the General Satutes.
Subscriptions seven hundred and fifty dollars
'$750.00). Individual volumes available.
NORTH
CAROLINA
REGISTER
ISSUE CONTENTS
I. EXECUTIVE ORDERS
Executive Order 73
.146
Office of Administrative Hearings
P. O. Drawer 11666
Raleigh, NC 27604
(919) 733-2678
II. PROPOSED RULES
Administration
Youth Advocacy and
Involvement Office 148
Insurance
Fire and Rescue
Services Division 149
Licensing Boards
Examiners of Electrical
Contractors 151
Robert A. Melott,
Director
James R. Scarcella Sr.,
Deputy Director
Molly Mason,
Assistant Director
Staff:
Ruby Creech,
Publications Coordinator
Teresa Kilpatrick,
Editorial Assistant
Jean Shirley,
Editorial Assistant
Latarsha Roberts,
Records Clerk
III. FINAL RULES
Transportation
Division of Motor
Vehicles
.172
FV. CUMULATIVE FVDEX 183
NORTH CAROLINA REGISTER
Publication Deadlines and Schedules
(March 198S - March 1989)
Issue
Last Day
Last Day
Earliest
+
Date
for
for
Date for
Earliest
Filing
Electronic
Public
Effective
Filing
Hearing and
Adoption by
Agency
Date
*****+**
++*++***
********
♦++*♦*+*
4******4
03 15 '88
02 24 '88
03/02/88
04/14,88
07/01/88
04 04 '88
03 1 1 88
03/18/88
05,04/88
08/01/88
04.15/88
03/25/88
04'01/88
05/15/88
08/01/88
05; 02 88
04/11/88
04/18/88
06/01/88
09/01/88
05/16/88
04/27/88
05/03/88
06/15/88
09/01/88
06/01/88
05 '10/88
05/17/88
07/01/88
10/01/88
06 1588
05 '26/88
06/02/88
07/15/88
10/01/88
07/01/88
06/10/88
06/17/88
07/31/88
11/01/88
07/15/88
06 2488
07/01/88
08/14 88
11/01/88
08/01/88
07 11/88
07/18/88
08/31/88
12/01/88
08 15 88
07, 26/88
08/02/88
09/14/88
12/01/88
09/01/88
08 11 88
08/18/88
10/01/88
01/01/89
09, 15 88
08 '26/88
09/02/88
10/15/88
01/01/89
10,03/88
09/12/88
09/19/88
11/02/88
02/01/89
10/14/88
09/26/88
10/03/88
11/13/88
02/01/89
11/01/88
10/11/88
10/18/88
12/01/88
03/01/89
11 1 5 xs
10/26/88
11/02/88
12/15/88
03/01/89
12,01.88
11/07/88
11/15/88
12/31/88
04/01/89
12/15/88
11/23/88
12/02/88
01/14/89
04/01/89
01/02/89
12/08/88
12/15/88
02/01/89
05/01/89
01/16/89
12/27/88
01/03/89
02/15/89
05/01/89
02/01/89
01/10/89
01/17/89
03/03/89
06/01/89
02/15/89
01/26/89
02/02/89
03/17/89
06/01/89
03/01/89
02/08/89
02/15/89
03/31/89
07/01/89
03/15/89
02/21/89
03/02/89
04/14/89
07/01/89
* The "Earliest Effective Date" is computed assuming that the public hearing
and adoption occur in the calendar month immediately following the "Issue
Date", that the agency files the rule with The Administrative Rules Review
Commission by the 20lh of the same calendar month and that ARRC approves
the rule at the next calendar month meeting.
EXECUTIVE ORDER
EXECUTIVE ORDER NUMBER 73
EMERGENCY MANAGEMENT PROGRAM
WHEREAS, the natural phenomena such as
hurricanes, floods, tornadoes, severe winter
weather, droughts, earthquakes, and man-made
disasters such as explosions or major electric
power failures are an ever-present danger; and
WHEREAS, potential enemies of the United
States now possess the capability of launching
attacks and unprecedented destruction upon this
State and nation, from land, sea and air; and
WHEREAS, it is the duty of the Department
of Crime Control and Public Safety to provide
emergency services to protect the public against
natural and man-made disasters; and
WHEREAS, it is the duty of the Department
of Crime Control and Public Safety to insure the
preparation, coordination, and readiness of
emergency management and military plans and
effective conduct of emergency operations by all
participating agencies in order to sustain life and
prevent, minimize, or remedy injury to persons
and damage to property resulting from disasters
caused by enemy attack or other hostile actions
or from disasters due to natural or man-made
causes; and
WHEREAS, the Emergency Management Act
of 1977, as amended, N.C.G.S. 166A-1, et seq.,
the North Carolina Emergency War Powers Act,
N.C.G.S. 147-33.1, et seq., and Article 36A of
Chapter 14 of the General Statutes confer upon
the Governor comprehensive powers to be exer-
cised in providing for the common defense and
protection of the lives and property of the people
of this State against both man-made and natural
disasters; and
WHEREAS, the effective exercise of these
emergency powers requires extensive initial plan-
ning, continued revision and exercising of plans,
assignment of Emergency Management functions
prior to the occurrence of an emergency, the
training of personnel in order to ensure a smooth,
effective application of governmental functions
to emergency operations, and the quick response
of all necessary State resources and
WHEREAS, these Emergency Management
functions are intended to be and can be accom-
plished most effectively through those established
activities of State and local government whose
normal functions relate to those emergency ser-
vices which would be needed;
NOW, THEREFORE, IT IS ORDERED:
Section 1
In the event the Governor, in the exercise of his
constitutional and statutory responsibilities, shall
deem it necessary to utilize the services of more
than one subunit of State Government to provide
protection to the people from natural or man-
made disasters or emergencies, including but not
limited to wars, insurrections, riots, civil disturb-
ances, or accidents, the Secretary of Crime Con-
trol and Public Safety under the direction of the
Governor, shall serve as the chief coordinating
officer for the State between the respective sub-
units so utilized, as provided in N.C.G.S.
143B-476.
Section 2
Whenever the Secretary of Crime Control and
Public Safety exercises the authority provided in
Section 1, he shall be authorized to utilize and
allocate all available State resources as are rea-
sonably necessary to cope with the emergency
or disaster, including directing of personnel and
functions of State agencies or units thereof for the
purpose of performing or facilitating the initial
response to the disaster or emergency. Following
the initial response, the Secretary, in consultation
with the heads of the State agencies which have
or appear to have responsibility for dealing with
the emergency or disaster, shall designate one or
more lead agencies to be responsible for subse-
quent phases of the response to the emergency
or disaster. Pending an opportunity to consult
with the head of such agencies, the Secretary may
make interim lead agency designations.
Section 3
Every department of State Government is re-
quired to report to the Secretary of Crime Con-
trol and Public Safety by the fastest means
practicable, all natural or man-made disasters or
emergencies, including but not limited to wars,
insurrections, riots, civil disturbances, or acci-
dents which appear likely to require the utiliza-
tion of the services of more than one subunit of
State government.
Section 4
The Secretary of Crime Control and Public
Safety is hereby authorized to delegate the au-
thority to utilize and allocate all available State
resources as may be necessary to carry out the
intent of this order.
Section 5
An explanation of the Emergency Management
functions assigned to each State department, di-
vision, subdivision or agency is contained in the
State plans developed and published by the Di-
vision of Emergency Management of the North
NORTH CAROLINA REGISTER
146
EXECUTIVE ORDER
Carolina Department of Crime Control and
Public Safety and the provisions of these docu-
ments, including annexes attached thereto, and
any revisions thereto, are specifically incorpo-
rated herein by reference.
Section 6
The heads of the departments of State Govern-
ment and other agencies designated in said plans
are granted the authority and charged with the
responsibility to develop supporting plans and
procedures and to execute upon order of the
Governor, the Secretary of Crime Control and
Public Safety or his designee the Emergency
Management functions assigned to them in said
plans.
Section 7
The Secretary of Cnme Control and Public
Safety is hereby authorized to update and peri-
odically revise or cause to be revised said plans
and supporting plans to the end that they will be
at all times current and consistent with the func-
tions, duties, and capabilities of a given depart-
ment or agency.
Section 8
I he head of each department, agency, commis-
sion or office of State Government that is
charged with Emergency Management responsi-
bilities shall designate personnel from said de-
partment, agency, commission, or office to
perform liaison with all other components of
State Government on matters pertaining to
Emergency Management activities.
Section 9
The heads of State Government departments
assigned Emergency Management functions shall
prepare procedures to procure from govern-
mental and private sources all materials, man-
power, equipment, supplies, and services which
would be needed to carry out these assigned
functions. Each agency of State Government
shall cooperate with all other agencies of State
Government to assure the availability of re-
sources in an emergency.
Section 10
This Order shall supersede and cancel all previ-
ous Executive Orders on this subject.
Section 1 1
This Order shall become effective immediate.
Done in the Capital City of Raleigh. North
Carolina, this the 27th day of April, 1988.
147
SORTH CAROLINA REGISTER
PROPOSED RULES
TITLE 1 DEPARTMENT OF
ADMINISTRATION
No
otice is hereby given in accordance with G.S.
1 SOB- 1 2 that the Department of Administration
intends to adopt regulations cited as 1 NCAC 19B
.0101 - .0103, .0201, .030/ - .0303.
1 he proposed effective dale of this action is Oc-
tober 1, I9S8.
1 he public hearing will be conducted at 10:00
a.m. on July 6, 19SS at Williamsburg Room, Ad-
ministration Building. 1st Floor, 116 West Jones
Street, Raleigh, North Carolina 27603-8003.
Co
omment Procedures: Any interested person
may present his or her views and comments either
in writing prior to or at the hearing or orally at the
hearing. Any person may request information,
permission to be heard or copies of the proposed
regulations by writing or calling Becky Barbee,
Department of Administration, 116 West Jones
Street, Raleigh, North Carolina 27603-8003,
(919) 733-7232.
CHAPTER 19
YOUTH ADVOCACY AND INVOLVEMENT
OFFICE
SUBCHAPTER 19B - STATE YOUTH
INVOLVEMENT OFFICE
SECTION .0100 - GENERAL PROVISIONS
.0101 AUTHORITY AND PURPOSE
The North Carolina Tunc! for Children and
Families Commission, hereinafter referred to as
eommission, is established by Fxec. Order No.
27. The commission is responsible for adminis-
tering the North Carolina Fund for Children and
Families, hereinafter referred to as the fund,
which provides financial assistance to organiza-
tions that manage community treatment pro-
grams for abused, neglected and exploited
children and their families.
Statutory Authority G.S. 143B-10; Exec. Order
No. 27.
.0102 REQUESTS FOR INFORMATION BY
HIE PUBLIC
Any citizen, group, organization or any unit of
government may request in writing information
on any action taken by the commission by writ-
ing to:
North Carolina Fund for Children and Families
Commission
Youth Advocacy and Involvement Office
121 West Jones Street
Raleigh, North Carolina 27603
Statutory Authority G.S. I43B-I0; Exec. Order
No. 27.
.0103 CONFIDENTIALITY OF CLIENT
INFORMATION
Fach applicant applying for a grant from the
Fund is responsible for maintaining and discuss-
ing client information in such manner as to pre-
vent disclosure of privileged communications.
Statutory Authority G.S. 143B-/0; Exec. Order
No. 27.
SECTION .0200 - SELECTION OF RECIPIENTS
FOR GRANTS
.0201 SELECTION CRITERIA
In selecting the recipients of grants from the
fund, the commission shall take into consider-
ation such factors as:
(1) General description of the clients to be
served or beneficiaries of the program;
(2) Statement of clients' needs to be addressed
by the proposed program within the ge-
ographic service area of the applicant (ex-
pressed in quantitative terms to the extent
possible);
(3) Statement of specific program objectives
designed to meet clients' needs and the
method(s) to be used in accomplishing these
objectives;
(4) Documentation that all necessary licenses
and credentials are possessed by personnel
providing professional services;
(5) Statement identifying the sources of fund-
ing or future funding and a plan detailing the
method(s) to be used to obtain the funds;
(6) Statement of cooperation and commitment
to the applicant's program from local com-
munity agencies providing adjunct services
including, but not limited to, financial as-
sistance or providing faculties and personnel;
(7) Letters from local community agencies
stating intent to participate in the applicant's
program;
(8) Statement of the monitoring method(s) to
be used in evaluating the program and re-
porting its results;
(9) Statement of 501(c)(3) exemption status
or unit of government;
(10) Statement that applicant's budget is suffi-
cient to support the program's objectives;
NORTH CAROLINA REGISTER
14S
PROPOSED RULES
(11) Existence of matching funds equal to 25
percent of the total grant requested;
(12) Policy of non-disenmination on the basis
of race, color, religion, sex, age, national or-
igin or physical or mental handicap for cli-
ents and employees of the program
applicant; and
(13) Geographic location of the applicant for
the purpose of achieving balanced distrib-
ution of available funds.
Statutory Authority (7.5. I43B-10; Exec. Order
So. 27.
SECTION .0300
APPLICATION PROCESS AND
SCHEDULE
.0301 SCHEDULE
Completed grant applications must be post-
marked by March 1 1 of each calendar year.
Incomplete grant applications will not be con-
sidered bv the commission.
Statutory
No. 27. '
Authority G.S. 143B-10; Exec. Order
.0302 RESPONSE
All applicants will be notified in writing of their
acceptance or rejection within 30 days of receipt
of the completed application. The commission
will announce the recipient(s) of the awards to
the public within a reasonable and timely man-
ner.
Statutory Authority G.S. 143B-I0; Exec. Order
No. 27.
.0303 Al I) IT
A certified audit will be required from each
grant recipient.
Statutory Authority G.S. I43B-10; Exec. Order
No. 2^. '
TITLE 1 1 - DEPARTMENT OF
INSURANCE
No
otice is hereby given in accordance with G.S.
I SOB- 12 that the N.C. Department of Insurance
intends to adopt regulations cited as 1 1 NCAC SB
.0101 - .0/03. .020/ - .0202. .030/ - .0303, .0401
- .0402, .030/ - .0502.
1 he proposed effective dale of this action is Oc-
tober I. 19S8.
1 he public hearing will be conducted at 10:00
a.m. on July 12. 1988 at Conference Room, Eire
and Rescue Division, N.C. Department of Insur-
ance, III Seaboard Ave., Raleigh, N.C. 2761 1.
(^ omment Procedures: Oral comments may be
presented at the public hearing. Written com-
ments should be sent to Tim Bradley, Executive
Director, N.C. Eire Commission, P.O. Box 26387,
Raleigh. N.C. 27611. Tim Bradley may be
reached by phone at (919) 733-543S.
CHAPTER 5 - FIRE AND RESCUE SERVICES
DIVISION
SUBCHAPTER 5B - N.C. STATE FIRE
COMMISSION
SECTION .0100 - GENERAL PROVISIONS
.0101 DEFINITIONS
As used in this Chapter, the following terms
shall be construed as follows:
(1) "Fire Commission" or "the Commission"
shall mean the North Carolina State Fire
Commission of the North Carolina Depart-
ment of Insurance;
(2) "Fire and Rescue Division" or "tire and
rescue" shall mean the Fire and Rescue Di-
vision of the North Carolina Department of
Insurance;
(3) "Community College" shall mean the Fire
Training Services Section of the North
Carolina Department of Community Col-
leges;
(4) "FEMA" shall mean the Federal Emer-
gency Management Agency of the Federal
Government;
(5) "US Fire Administration" or "USFA" shall
mean the United States Fire Administration,
Division of the Federal Emergency Man-
agement Agency;
(6) "NFA" shall mean the National Fire
Academy, Division of the Federal Emer-
gency Management Agency.
Statutory Authority G.S. 58-27.30.
.0102 PURPOSE
In order to carry out the duties of the State Fire
Commission as listed in G.S. 58-27.31, that
Commission shall:
(1) develop voluntary certification and profes-
sional standards for all levels of fire service
personnel;
(2) develop and maintain a statewide fire inci-
dent reporting system;
149
NORTH CAROLINA REGISTER
PROPOSED RULES
(3) serve as the central state clearing house for
all federal programs from the USFA, and
NFA involving fire prevention and control
programs that come into North Carolina;
and
(4) provide on a bi-annual basis an updated
listing of North Carolina fire departments
and fire marshals.
Statutory Authority G.S. 58-27.30; 58-27.31;
58-27.32.
.0103 MAILING ADDRESS
All requests for information, assistance, or
forms, and all replies, answers, supplied infor-
mation, etc., shall be forwarded to the North
Carolina Fire Commission, P.O. Box 26387,
Raleigh, N.C. 27611.
Statutory Authority G.S. 58-27.34.
SECTION .0200 - MASTER PLANNING
.0201 STATE FIRE TRAINING
The commission shall develop and monitor a
master plan which shall include guidelines for
training of fire service personnel in North
Carolina. These guidelines shall be consistent
with the needs of the state's fire service, and shall
be continually monitored and updated to reflect
the training needs of the state's fire service. Any
state agency involved in the training of fire service
personnel shall submit to the executive director
on a quarterly basis descriptions of programs
currently under way or planned.
The executive director shall serve as state train-
ing director for the purpose of coordinating state
training programs. The director shall serve as the
centra) clearinghouse for the information on state
programs and information coming into the state
from federal agencies and other states.
Statutory Authority G.S. 58-27.31.
.0202 ADDITIONAL PROGRAMS
The state master plan shall contain guidelines
for additional programs deemed useful to fire
service organizations throughout the state.
These may include, but are not limited to:
(1) fire service computer coordination;
(2) data collection and analysis;
(3) fire codes and inspections;
(4) radio communications; and
(5) arson.
Statutory Authority G.S. 58-27.31.
SECTION .0300 - CERTIFICATION OF FIRE
SERVICE PERSONNEL
.0301 MINIMUM PROFESSIONAL
QUALIFICATIONS
The commission shall establish voluntary mini-
mum professional qualifications for all levels of
fire service personnel. These shall be developed
by special committees, appointed by the chair-
man or full commission, and shall be subject to
final approval of the full commission. All
boards, committees and sub-committees, having
recommendations for changes to these standards
shall make them to the full commission for ap-
proval. The commission shall make final ruling
on appeals to these standards, and shall have the
authority to appoint boards or committees to act
as intermediaries.
Statutory Authority G.S. 58-27.31 (a) (14b).
.0302 VOLUNTARY CERTIFICATION
The commission shall establish certification
levels for the qualifications developed, and shall
issue such certification to appropriate individuals
who meet the commission's standards. Certif-
ication shall be voluntary, unless adopted as
mandatory at the local level. The commission
shall be the only state agency certifying fire ser-
vice personnel on professional qualifications for
fire prevention and control duties. The com-
mission shall maintain appropriate records and
provide same to individuals upon written request.
The commission shall rule on all questions and
appeals regarding certification programs. The
commission shall inform participating agencies
of standard changes and status of certified per-
sonnel.
Statutory Authority G.S. 58-27.31 (a) (14);
58-27.31 (a) (14b).
.0303 COORDINATION WITH OTHER STATE
AGENCIES
The commission shall serve as the central clear-
inghouse for certification issues. All state agen-
cies participating in the certification process shall
follow reporting procedures developed by the
commission.
Statutory Authority G.S. 58-27.31 (a) (14);
58-27.31 (a) (14a).
SECTION .0400 - FIRE INCIDENT REPORTING
.0401 DEVELOPMENT
The North Carolina Fire Commission shall de-
velop and implement a uniform fire incident re-
porting system for the fire service of North
Carolina.
NORTH CAROLINA REGISTER
150
PROPOSED RULES
Statutory Authority 1985 N.C. Sess. Laws Ch.
757, Sec. I67(j).
.0402 OPERATION AND CONTROL
(a) The commission shall have full authority
over the operation and control of the fire incident
reporting system. L:ach county shall have a cen-
tral collection site to which participating fire de-
partments shall report. larger municipal
departments may obtain permission from the
executive director to report directly to the com-
mission. The data collected shall be available for
use at the local, county and state levels. The
commission may submit state data to the United
States Fire Administration. Any equipment dis-
persed by the commission for the purpose of in-
putting incident reports shall remain under the
control of the commission, and said local agency
shall sign an approved contract with the com-
missioner of insurance for the use of said equip-
ment.
(b) The commission may utilize dispersed
equipment for the purpose of creating a fire in-
formation network, to be used for the collection
and dissemination of information pertinent to the
state's fire service. The network may contain,
but not be limited to:
( 1 ) tire incident reporting;
(2) emergency medical reporting;
(3) hazardous material reporting;
(4) arson or suspicious fire reporting;
(5) hazardous material data collection and
disbursement;
(6) bulletin board for exchange of informa-
tion; and
(7) schedule announcements.
(c) Those locations which agree to the use of
any provided equipment shall keep said equip-
ment in good order and shall provide the com-
mission with requested reports.
Statutory Authority I9S5 N.C. Sess. Laws Ch.
757, Sec. 167(j).
SECTION .0500 - CENTRAL INFORMATION
OFFICE
.0501 COLLECTION AND DISSEMINATION
OF INFORMATION
The commission shall be the central informa-
tion office for all fire service activity in the state.
Any state agency involved in fire service activities
shall submit to the executive director quarterly
reports in a form set out by the commission.
The commission stall shall provide available in-
formation to individuals whenever requested in
accordance with applicable state or federal laws.
Statutory Authority G.S. 58-27.31 (a) (14a).
.0502 FEDERAL PROGRAMS
The commission shall be the central clearing-
house for all fire prevention and control pro-
grams coming into the state from federal agencies
including the National Fire Academy and the
United States Fire Administration. The execu-
tive director shall serve as the state representative
to the US FA and NFA, and shall be considered
the state fire training director for the purposes of
participating in federal training programs.
Statutory Authority G.S. 58-27.31.
TITLE 2! - OCCUPATIONAL LICENSING
BOARDS
lyotice is hereby given in accordance with G.S.
150B-12 that the North Carolina State Board of
Examiners of Electrical Contractors intends to
adopt regulations cited as 21 NCAC 18 .2404,
.2503; amend 21 NCAC 18 .1603 - .1605, .1607,
.1701 - .1703, .1804, .1807 - .1808, .1812, .1902,
.1904, .2002, .2004, .2201 - .2202, .2206 - .2209,
.2302 - .2303, .2305 - .2308, .2402, .2602, .2606 -
.2607, .2610. .2612, .2701 - .2703; repeal 21
NCAC 18 .2304.
1 he proposed effective dale of this action is Oc-
tober I, 1988.
1 he public hearing will be conducted at 10:30
a.m. on July 7, 1988 at North Carolina State
Board of Examiners of Electrical Contractors,
1200 Front Street, Suite 105, Raleigh, NC 27609.
Cc
omment Procedures: Any persons interested
in these rules may present oral comments relevant
to the actions proposed at the public hearing or
deliver written comments to the North Carolina
State Board of Examiners of Electrical Contrac-
tors, 1200 Front Street, Suite 105, Raleigh, NC
27609, not later than 10:00 a.m. on July 7, 1988.
CHAPTER 18 - BOARD OF EXAMINERS OF
ELECTRICAL CONTRACTORS
SECTION .1600 - GENERAL PROVISIONS
.1603 PRINCIPAL OFFICE: MAILING
ADDRESS: OFFICE HOLRS
The board has designated 1200 Front Street,
Suite 105, Raleigh, North Carolina 27609, as its
principal office; and P. O. Box 18727, Raleigh,
North Carolina 17619, 27619, as its mailing ad-
dress; and has established 8:30 a.m. to 5:00 p.m.,
151
.NORTH CAROLINA REGISTER
PROPOSED RULES
Monday through Friday as its regular office
business hours.
Statutory Authority G.S. 87-39; 87-42.
.1604 ORGANIZATION
(b) The board shall, at the first regular meeting
following the appointment /designation of a new
member, by the Governor, elect from its mem-
bership a chairman and a vice chairman, each to
serve for one year. The one-year term shall date
from July 1, and, if the Governor's appointment
designation is delayed beyond this date for any
reason, the chairman and vice chairman shall
continue to serve in these capacities during the
interim, and the election of the new chairman
and vice chairman shall be only for the balance
of the year remaining after the appointment
designation is made.
(e) Committees of the board may be estab-
lished as follows:
(3) The regular board committees are:
(C) finance and salary committee to review
the board's finances and accounting re-
cords; to review the State Auditor's an-
nual audit report on the board's fiscal
matters; to review the board's financial
needs and recommend anuul annual fees
to fund these needs; to review and re-
commend staff salaries; and to perform
any other board assignment in the area of
finances.
(f) The board shall hold regular meetings
quarterly and may hold special meetings on call
of the chairman. The chairman shall be required
to hold a special meeting upon written request
by two members of the board. Four members
of the board shall constitute a quorum. The
regular quarterly meetings shall be held in the
board's office and shall begin at 10:00 9:00 a.m.,
unless some other place and/or time is set by the
board. Special meetings may be held at places
and times deemed by the chairman to be suitable
to accomplish the necessary purposes for which
such meetings are held.
Statutory Authority G.S. 87-39; 87-40; 87-42.
.1605 REFERENCE TO STATE BUILDING
AND ELEVATOR CODES
(a) WTierever Pursuant to G_S_ 150B- 14(c). the
North Carolina State Building Code, Volume IV
Flectrical, and the National Flectrical Code,
FPA 70, are adopted bv reference; and when-
ever a reference is made in this Chapter to the
current edition ef the North Carolina State
Building Code, ¥«4? A^ Flectrical, including a«y
reference to the current edition ef the National
Eloctrical Code, said codes, it shall mean the
current editions and any subsequent editions or
amendments to «»4 eodoo when adopted by the
North Carolina State Building Code Council.
thereto.
(b) Wherever Pursuant to OS. 1 SOB- 14(c), the
North Carolina codes and standards for elevators,
dumbwaiters, escalators, moving walks and per-
sonnel hoists, administered by the North
Carolina Department of I^bor and codified as
L3 NCAC ]_5 .0200, are adopted by reference;
and whenever a reference is made in this Chapter
to the current edition ef the North Carolina
Code fef elevator, escalator, dumbwaiter, moving
walk aftd- posonnel hoist installations, said codes,
it shall mean the current edition and any subse-
quent editions or amendments te- said code a*
administered by the North Carolina Department
©f Labor, thereto.
Statutory Authority G.S. 87-39; 87-42; 95-1 1(e);
1 43- 138 (a), (b); 143- 142(b).
.1607 PENALTY FOR SUBMITTAL OF
BAD CHECK
(a) In addition to making the check good, any
person, firm or corporation submitting to the
board a check which is subsequently returned to
the board because of insufficient funds or no ac-
count in bank will be charged the maximum
penalty fee allowed by Statute for processing
such check.
(b) Until such time as the payor of such bad
check has made the check good and paid the
prescribed penalty fee, the payor will not be eli-
gible to take an examination, review an exam-
ination, obtain a license or have his a license
renewed.
Statutory Authority G.S. 87-39; 87-42; 87-44;
25-3 through 25-5/2.
SECTION .1700 - DISCIPLINARY ACTION
.1701 PREFERRING CHARGES
Any person who believes that any licensee of
the board is in violation of the provisions of G.S.
Chapter 87, Article 4, or Title 21 Chapter J8, of
the North Carolma Administrative Code, may
prefer charges against such licensee by filing a
written statement with the board's staff in the
board's office, setting out the particulars of his
the charges, including, but not limited to, the
nature, date and place of the alleged violation.
Statutory Authority G.S. 87-39; 87-42; 87-47.
.1702 PRELIMINARY DETERMINATION
NORTH CAROLINA REGISTER
152
PROPOSED RULES
(b) Once such charge has or charges have been
filed with the board's executive director, he or his
staff designee shall notify in writing the licensee
against whom the charge or charges are made.
Such written notice shall set forth the alleged
facts and circumstances as contained in the writ-
ten statement filed with the board and shall be
given personally or by registered ©f certified mail,
return receipt, requested. Such written notice
shall contain a request for the licensee so charged
to respond answer in writing within 20 days from
the date the said notice of charges is received as
shown on the returned receipt or from the date
of personal notice, delivery of said notice of
charges.
(c) If the respondent licensee admits to the
charges, the executive director shall accept the
respondent '•% licensee's admission of guilt and is-
sue in behalf of the board a reprimand and order
the respondent licensee not to commit in the fu-
ture any violations of G.S. Chapter 87, Article
4, or Title 21, Chapter 18, of the North Carolina
Administrative Code; or if, in the opinion of the
executive director, circumstances merit a review
by the board's disciplinary review committee, he
shall refer the case to the said committee for re-
view. A record ©f such charges, admission ©f
guilt i*«4 issuance t-4 reprimand m*4 order shall
be placed m the We ©f the licensee* s© charged.
U fcwe such charges ate recorded m the respond
ent's license file during a period ©f twelve months
©* if three such charges a*» recorded m the se-
denoo has boon rocoived an4 roviowod by the 4is-
oiplinary review committee, it shall make a
preliminary dotormination »f the charges filed-
against the liconsoo. From this evidonco, it may
rocommend t© the board that:
(-J-i the chargos be dismissed as unfoundod,
frivilouo ©* trivial; ©f
(3) the chargo ©f chargos be prosontod t© the
fttU board fof hoaring a«4 determination
©» the merits ©f the charge ©f chargos »
accordanco with G.S. S7 M a«4 G.S.
Chaptor 150B Artiolo £ a«4 Administra
five Rules adopted by the board pursuant
thoroto.
From such review, the disciplinary review com-
mittee shall make a preliminary determination of
the charges filed against the licensee and recom-
mend to the board what action, if any, should
be taken against the licensee as prescribed in
Paragraph [f} of this Rule.
(e) All charges, investigative findings, evidence
and disposition of each case shall be placed in a
permanent file of the licensee so charged. If two
charges are recorded in a licensee's file during a
period of ]_2 months or if three such charges are
recorded in a licensee's file during any period of
time, the executive director shall present the
licensee's file to the board's disciplinary review
committee for a detailed review, from such re-
view, the disciplinary review committee shall
make a preliminary determination of the charges
filed against the licensee and recommend to the
pondent s license file during a»y penod ©f time, board what action, if any, should be taken
the executive director shall present the respond
ent's license file t© the board's disciplinary review
committee fiw a detailed rovoiw. from such re-
view, the disciplinary review committee shall de-
termine whether ©f w©t he should be brought
before the fi+H- board f-©f a hearing ©f what other
action, if anyr should be taken against the Fe-
spondent. make a preliminary determination of
the changes tiled against the licensee and recom-
as presenbed in Paragraph (f)
mend to the board what action, if any, should
licensee as prescribed in
be taken against tht
Paragraph (f) of this Rule.
(d) If the respondent
licensee denies the
charges, brought against him, the board's execu-
tive director or his staff designee and / or other
designated investigative personnel shall investi-
gate the allegations contained in the said charges
and refer the charges, <m4 investigative findings
and all available evidence to the board's discipli-
nary review committee for review. 4-he discipli
nary review committee shall have the authority
to direct the executive director t© further invest i
gate, ©F t© retain additional investigative person
©ek- f-©f the purpose ©f obtaining additional
evidence relating t© the charges. After ah
against the licenst
of this Rule.
(f) In accordance with Paragraph (c)-(e) of this
Rule, the board s disciplinary review committee
shall receive and review the licensee's file and
from such review the committee shall make a
preliminary determination and recommend to the
board one or more of the following actions:
( 1 ) the charges be dismissed as unfounded,
frivilous of trivial;
(2) a letter of caution be issued to the licensee
by the board;
(3) in the case of admission of guilt, a letter
of reprimand be issued to the licensee by
the board; or
(4) the case be presented to the board (ex-
cluding board members who participated
in the preliminary determination) for an
Administrative 1 Icanng to be conducted
in accordance with G.S. 87-47 and Chap-
ter I50Bj Article 3A, of the North
Carolina General Statutes and the Ad-
ministrative Rules adopted by the board
pursuant thereto.
153
NORTH CAROLINA REGISTER
PROPOSED RULES
Statutory Authority G.S. 87-39; 87-40; 87-42;
87-47; 150B-II; 150B, Article 3.
.1703 JUDICIAL REVIEW
If the respondent licensee considers he has been
aggrieved by the final decision of the board, he
may appeal for a judicial review as provided by
G.S. Chapter 150B, Articled
Statutory Authority G.S. 87-39; 87-47; 150B-U;
150B, Article 4.
SECTION .1800 - EXAMINATION DATES:
APPLICATIONS: FEES:
SCOPE: GRADES: RE-EXAMINATIONS
.1804 COMBINED APPLICATION AND
EXAMINATION FEES/REVIEW FEES
(a) The combined application and examination
fees for the regular qualifying examinations in the
various license classifications shall be as pre-
scribed in the following regular application and
examination fee schedule:
APPLICATION AND EXAMINATION FEE
SCHEDULE: REGULAR
CLASSIFICATION
Limited
Intermediate
Unlimited
SP-SFD
Special Restricted
EXAMINATION
FEE
&LQQS10.00
mm $25.oq
$50.00
HrW $10.00
urn $10.00
APPLICATION
FEE
$11.00 $15.00
$25.00
$10.00 $50.00
mm $i5.oo
$11.00 $15.00
TOTAL
COMBINED
FEE
$18.00 $25.00
$15.00
$00.00
$50.00
i loo.oo
ZM $25.00
S41 $25.00
(d) Variance in fees. The board may vary the
application and examination review fees from
year to year according to essential financial needs
for the next ensuing fiscal year as determined and
established by the board not later than the regu-
lar third quarter board meeting of the current
fiscal year. The total combined application &t-
amination and examination review fees shall not
exceed the maximum fees allowed in G.S. 87-44
for the regular and specially arranged examina-
tions in the various classifications.
(f) Application and examination fees received
with applications filed for qualifying examina-
tions shall be retained by the board or refunded
to the applicant as follows:
(2) The examination fee portion of the total
combined application and examination fee
shall be refunded to any applicant who
does not take the examination during the
oxaminotion examination period for which
he has applied.
Statutory Authority G.S. 87-39; 87-42; 87-43.3;
87-43.4; 87-44.
.1807 EXPERIENCE
(a) Primary. Primary experience shall mean
verified working experience gained by the appli-
cant while engaged actively and directly in the
installation of electrical wiring and equipment
governed by the National Electrical Code or
work activities directly related thereto. Examples
of the capacity in which a person may work in
gaining primary experience include:
(12) military person holding an electrician
rating or rank of at least a third claoo petty
officer ef E-4, noncommiooionod officer
engaged in land based electrical installa-
tions similar or equivalent to work per-
formed b^; an electrical contractor;
(b) Secondary. Secondary experience shall
mean verified working experience gained while
engaged in work or training which is related in
varying degrees to the installation of electrical
wiring and equipment governed by the National
Electrical Code. Examples of the type of work
or training in which a person may engage to gain
creditable secondary experience and the percent-
ages of supplementary primary experience credit-
able from secondary experience are as follows:
(4) electrical lighting aft4 powor engineering;
college 50 Percent
Statutory Authority G.S. 87-39; 87-42; 87-43.3;
87-43.4.
.1808 EXAMINATION SCOPE
(a) General. Qualifying examinations for the
limited, intermediate and unlimited license clas-
sifications shall be based on, but not limited to,
the following:
(1) rules contained in the North Carolina
State Building Code, Vet Volume IV
Electrical, and the (current edition Na-
tional Electrical Code, NFPA-70;
Statutory Authority G.S. 87-39; 87-42; 87-43.3;
87-43.4.
.1812 DENIAL OF EXAMINATION
OR LICENSE
NORTH CAROLINA REGISTER
154
PROPOSED RULES
toj te a ease whore the board has determined
that a» applicant taking the qualifying oxamina
tto» fof a license ef that the issuance ef a license
4 ft ♦ V-wi • ifM-^1 i,"ifi< '.liny \-i it K ■ ■ g t'll.-.m (mil .-.nf ,-rt,l t t-Lj-i
itt i 1 rv' ill I ■" Ivvd 1 t nrrTT l iu i iu,i i\xi\v i i ui ivt i tcrjooq ii iv
qualifying examination would adversely affoct the
health, safety a«4 welfare ef the applicant e* the
public, the board may consider such to be good
a«4 sufficient causo to- deny tke applicant pet-
mission to take a» examination after hi* applica
TTTTTT 1 IU.' vTT^^TT UU1 T I in.TI( \-Jl Ul 1 1 T CT nTtTTTv uriLI
the applicant h«s mado a passing grade e» the
examination. Prior to final decision m each such
,-fi.^ n fl^^i nr>r\li."int r l-> ■ t 1 1 1-^ ■ ti . \ t j f l . l. 1 , l | I li.l Kirn-,1 f
CWCt I 1 1\_' (II 'IMIV U!Il rTTTTTTT I ^-' nTTTinrn I 'I tire i/vui vj j
contemplated action by- registered mail, return
receipt requested, a«4 advised »£ h*s right to te-
quest a hearing by- means »f a registered letter
addressed to the board a«4 mailed within 36 days
after date to" return receipt showing delivery to
the board s notice to addressee. &f showing Fe-
fusal to addressee to accept the notice.
fb4 W'itliin 2t> days to the receipt to such Fe-
quest, the board shall notify the applicant to the
time a«4 place to hearing, which shall be set-
.-»-i .-\rL± tlvin 1 I 1 n.M- I . i.- .- th-i» 1 (l ;bi\.- t rr\fr-\ . H ■ l I ,\ l"^ (
1 I 1U I \_ I I 1 Li 1 1 7TTT I IT. 'I RTUn TTTTTTT TT UU T ^T TTTTTTT OTTtV w I
service e# the notice. :4-he hearing shall be con
ducted h* accordance with Section . 1 600 to this
Chapter.
£e) If applicant does t*to request a hearing, 0F
4 - ■ | 1 Q t . \ ■■«-.«-»■■.»- -^ t * ll . t .■ , ■ li . i . 1 1 1 1 , . , 1 l~, . | ■ . t~» ii , 1 till Ql L , I , 1
11111.1 TTT Ll I ' 1 ' Vlll ITT 1 1 TTJ" . Id TVTJ TJ IVT.I I TVTl I [Tig] I 1 I U vTTTITJ
then may take the contemplated action, ami such
action shall be final afto nto subject to judicial
review.
Notwithstanding any other provisions of this
Chapter, in a case where, pursuant to Section
.170(1 of this Chapter, a preliminary- determi-
nation has been made that an applicant lor the
qualifying examination or an applicant for a 1L_
cense after having passed the qualifying exam-
ination, would, if licensed, adversely affect the
health, safety or welfare of the applicant or the
public, the board may consider such to be good
and sufficient cause to deny the applicant per-
mission to take an examination after his applica-
tion has been duly tiled or deny a license after the
applicant has made a passing grade on the ex-
amination. 1'nor to final decision in each such
case the board shall conduct an administrative
hearing pursuant to Rule . 1606 of this Chapter.
Statutory Authority G.S. 87-39; 87-42; 87-43.3;
87-43.4; 150B-ll(l).
SECTION .1900 - LICENSING REQUIREMENTS
.1902 ANNUAL LICENSE FEES
(a) The annual license fees and license renewal
fees for the various license classifications shall be
as prescribed in the following fee schedule:
LICENSE EEE SCHEDULE
CLASSIFICATION LICENSE FEE
Limited
Intermediate
Unlimited
SP-SFD
Special Restricted
$4&£Q$25.00
$45^$ 50. 00
$00.00$ 100.00
$18.0()$25.00
$1S.00$25.00
Statutory Authority G.S. 87-39; 87-42; 87-43.3;
87-43.4; 87-44; 87-45.
.1904 RENEWAL AFTER EXPIRATION OF
ANNUAL LICENSE
Subject to Rule .2607 of this Chapter, any per-
son who has been once duly licensed by the
board and whose license has expired solely be-
cause of failure to apply for renewal or because
of occupational requirements may apply and
have his license renewed tfr within a period to
twelve months immediately preceding his re-
newal request, without further examination and
in compliance with the penalty provisions con-
tained in G.S. 87-44, provided that said person
makes application therefor within a period of 12
months immediately following the date of expi-
ration of said license. ]f the application is filed
later than 12 months immediately following the
date of expiration of said license, the applicant
may have said license renewed if, during the 12
month period immediately preceding the date
said application is filed with the board, the ap-
plicant has been primarily, actively and lawfully
engaged (at least 1,000 hours) as an electrical
contractor or in an occupation which in the
judgement of the board is similar or equivalent
to that of an electrical contractor. Lawful work
as defmed under primary experience in Rule
.1807 of this Chapter shall be considered as sim-
ilar or equivalent to that of an electrical contrac-
tor. If the applicant fails to meet these
requirements, he said person may obtain a new
license in accordance with Section .1800 of this
Chapter and Rule .1901 of this Section. The
provisions of Section .2100 of this Chapter shall
apply to such persons whose last license expired
on or before June 30, 1970.
Statutory Authority G.S. 87-39; 87-42; 87-49.
SECTION .2000 - LISTING QUALIFIED
INDIVIDUALS AND LICENSING OPTIONS
.2002 QUALIFIED INDIVIDUAL: NEVER
LISTED NOR OBTAINED LICENSE
An individual who has once taken and passed
the qualifying examination for a license but has
755
NORTH CAROLINA REGISTER
PROPOSED RULES
never obtained a license nor been listed as a
qualified individual on another person or firm's
license shall:
(1) be eligible to obtain a license in the same
or lesser classification as the classification of
examination he passed upon meeting all ap-
plicable current license requirements he has
not previously met and submitting to the
board:
(c) if more than 12-months have elapsed since
the individual applicant took and passed
the qualifying examination for a license,
he shall be required to furnish to the
board information satisfactorily verifying,
that during the immediate past
12-months, he has been primarily, actively
and lawfully engaged (at least 1 ,000 hours)
in an occupation which in the judgement
of the board is similar or equivalent to
that of an electrical contractor. Lawful
work as defined under primary experience
in Rule .1807 of this Chapter shall be
considered as similar or equivalent to that
of an electrical contractor;
(2) be eligible to be included as an additional
qualified individual on another person or
firm's current active license in the same or
lesser classification as the classification of
examination he passed, upon submitting to
the board:
(c) If more than twelve-months have elapsed
since the individual took and passed the
qualifying examination for a license, he
shall be required to furnish to the board
information satisfactorily verifying that,
during the immediate past 12 months, he
has been primarily, actively and lawfully
engaged (at least 1,000 hours) in an occu-
pation which in the judgment of the board
is similar or equivalent to that of an elec-
trical contractor. I awful work as defined
under primary experience in Rule .1807
of this Chapter shall be considered as
similar or equivalent to that of an elec-
trical contractor.
Statutory Authority G.S. 87-39; 87-42; 87-43;
87-49.
.2004 ONCE LISTED BUT NOT NOW
LISTED
An individual who has once been but is not
now listed on another person or firm's license
may apply for and obtain his own license upon
meeting all applicable license requirements he has
not previously met and submitting to the board:
(3) If more than 12-months have elapsed since
the individual was listed on an active license,
he shall be required to furnish to the board
information satisfactorily verifying that,
during the immediate past 12-months, he
has been primarily, actively and lawfully en-
gaged (at least 1,000 hours) in an occupation
which in the judgment of the board is similar
or equivalent to that of an electrical con-
tractor, lawful work as defined under pri-
mary experience in Rule .1807 of this
Chapter shall be considered as similar or
equivalent to that of an electrical contractor.
Statutory Authority G.S. 87-39; 87-42; 87-43;
87-49.
SECTION .2200
SINGLE FAMILY DWELLING
LICENSE
.2201 LICENSE CLASSIFICATION:
SP-SFD
(a) A residential dwelling license is defined as
a special restricted electrical contracting license in
the single family detached residential dwellin
dwelling classification, referred to as a license in
the SP-SFD classification.
(d) Subject to R«fe Ami ©f tkk, Chapter, The
annual license fee and annua] license renewal fee
for a license in the SP-SFD classification shall
be eighteen dollars ($18.00). Licence fee* must
be paid by check ©f money order made payable
to the board, as prescribed in Rule .1902 of this
Chapter and subject to the provisions thereof.
Statutory Authority G.S. 87-39; 87-42; 87-43.3;
87-43.4; 87-44.
.2202 SEPARATE LICENSE AND
QUALIFIED PERSON REQUIRED
(d) Each supervisor at the prcipul principal
place or branch place of business shall be a
qualified person as defined herein.
Statutory Authority G.S.
through 87-43.4.
87-39; 87-42; 87-43.2
.2206 QUALIFYING EXAMINATIONS:
FEES: APPLICATIONS
(b) The combined application and examination
fees for the SP-SFD classification regular quali-
fying examinations shall be as listed h* the fol-
lowing schedule:
FEfe SCHEDULE
Regular Semi Annual
Examination
Specially Arranged
APPLICATION
mm
NORTH CAROLINA REGISTER
156
PROPOSED RULES
1 'xannnution
EXAMINATION
FEE
TOTAL
COMBINED
S1S.00
Qrcscribed in Rule . 1 804 of this Chapter and
subject to the provisions thereof .
Statutory Authority G.S. 87-39; 8~-42: S7-43.3:
S^-43.4; 87-44.
.2207 Ql ALIFICATION REQUIREMENTS
FOR APPLICANTS
The minimum qualification requirements for
applicants to take the SP-SED qualifying exam-
ination are as follows:
(3) Applicant must furnish to the board infor-
mation satisfactorily verifying that he has
had experience of a type and amount as fol-
lows:
(c) An applicant having at least one year of
experience as a journeyman electrician
may supplement the other year by receiv-
ing credit for a total accumulation of other
experience considered by the board to be
a total of one year of supplementary ex-
perience. Some examples of credit al-
lowed for each are as follows:
(iii) electrical e* mechanical engineering -
college 50 Percent
Statutory Authority G.S. 87-39; 87-42; 87-43.3;
87-43.4.
.2208 EXAMINATION: SCOPE: GRADE:
RE-EXAMINATION
(b) The qualifying examination for the SP-SED
classification shall be based on, but not limited
to, the following:
(1) rules contained in the current edition e+~
Volume JV- t-4" the North Carolina State
Building Code. Volume IV Electrical, m-
cluding and the current edition el fcke
National Electrical Code, NEPA >** 70.
which are applicable to electrical work
covered bv the SP-SED classification:
SP-SED license as follow;-.: in accordance with
the provisions prescribed in Sections T9Q0 and
.2000 of this Chapter: and provided said individ-
ual has met all other provisions of this Section.
(4-f Am- individual w4k* has taken »«4 passed
the qualify ing examination fof a» elee
tncal contracting license m the SP SI D
classification shall immediately upon
pawing the examination be eligible h* ap-
ply ft*f a«4 obtain a SP SI D license.
(-if Any individual who hr*s once duly quali
fie4 k*f a SP SFD license byt ha* aw er
obtained a license shall be eligible tt* apply
fof a&4 obtain a licenso » the SP SED
classification without further examination
provided such applicant furnishes in for
mation with h+s license application verify
rns tkat he has been primarily actively
engaged h* electrical contracting type work
during tbe twelve month period imme
diately preceding the tktte h+s application
is 6le4 with the board.
fif A* individual who ha* once hel4 a» elec
tncal contracting license » the SP SFD
classification af*4 h**4 allowed h+s license
te- become inactive shall be eligible t» ap-
ply fof a«4 have hi* license reactivated
without fun her examination provided
such applicant furnishes information with
hi* application verifying tl+at he h«* been
primarily actively engaged (-at- least 1.000
hours) » electrical contracting type work
during the twelve month period imme
diately preceding the date h+* application
is h4e4 with the board.
(b) Applications for an electrical contracting
license in the SP-SED classification shall be filed
with the board on forms furnished by the board,
together with a check or money order » tfee
amount ©I eighteen dollars ( $18.00) made paya-
ble to the board in the amount as prescribed in
Rule .1902 of this Chapter and subject to the
provisions thereof. Cash cannot be accepted.
Statutory Authority G.S. 87-39: S~-42; 87-43.3;
S--43.4: 87-44.
SECTION .2300 - SPECIAL RESTRICTED
LICENSE CLASSIFICATIONS
Statutory Authority G.S. 87-39; 87-42; 87-43.3;
87-43.4.
.2209 APPLICATION FOR LICENSE
(a) Individuals who have taken and passed the
qualifying examination in the SP-SED classifica-
tion shall be eligible to apply for and obtain a
.2302 SPECIAL RESTRICTED ELEVATOR
LICENSE
(c) Restrictions of License.
( 1) A holder of a SP-EL license shall be spe-
cifically restricted to engaging or offering
to engage in the business of installing,
maintaining, altering or repairing only that
is;
SORTH CAROLISA REGISTER
PROPOSED RULES
electric work, wiring, devices, appliances
or equipment which is:
(B) electrically isolated from the related
building wiring system by means of a
suitable protective device (safety switch
or circuit breaker) of a size and type to
meet the applicable requirements of the
i^mriiiil ^^J«t^^^^i ^^L V i \ I I I I T I ■ \ 1 \ i \\ t } i ..j N_ i i t'1 i
Carolina State Building Code North
Carolina State Building Code, Volume IV
Electrical, and the National Electrical
Code, NI PA 70 for load, location, and
other pertinent conditions. The required
isolating devices shall have been installed
by others complete with line-side con-
nections with the restricted electric work,
normally referred to in the trade as being
"beyond the disconnection means", origi-
nating at the load-side terminals of the
isolating device.
(e) Inactive SP-EL licensees or individual'
qualified in the SP-EL classification may apph
for and obtain a SP-EL license a* follows: in
accordance with the provisions prescribed in
Sections .190(1 and .2000 of this Chapter: and
provided said individual has met all other pro-
visions of this Rule.
f-H Any person, firm of corporation who onto
held a SP EI license, botr doe to failure
to renew of because of occupational fe-
quiromuntti, allowed hi* licen-.e to expire.
tj^^^^^r ^^^^^^^^ ^^l^^^^i ^^^^^^^ ^^^^J L^^^^^*^i ^^^^ .a~I-^—
^^^T^^^T t^^^^^^T ^^T^^^^^ ^^^^^^T 1111. ^^^^^^^^a ^^^T t^^^^
propriate application or- a fonn furnished
by the board aod paying the required leer
reactivate such license status aod obtain a
current license m- the SP El- classification,
without further examination: provided tn-
formation i* furnished m- writing to the
board from which the board eao deter
1 I 111 IV.' 1 1 HI I I I IV I r " 1 *-" * " * ™ n*"~ " vVl I j " InuTTiT
actively engaged fat- least 1,000 hours) »
the type work covered by the SP EI
classification during the twelve month pe-
riod immediately preceding the date such
application i* filed with the board; aod
provided he ha* met all other provisions
of th** Rule.
/ / \ A rli: PQJXfl t3 ] ' '"" B Q C *"''"' HI i 1 r\ *i .- .• . \. 1 tin
y 2— J rTTTT I r\rJ - H 7 I 1 T T lilt lilt,' IUHI.1I CZZXd I ' U . ' . ' \^-l I 1 l\J
qualifying examination fo? a license fit- the
SP EL- classification hot- never obtained
such license may. upon filing the required
license application with the hoard a»d
paying the annual S P EI license feer ob-
trdft a S P EI license; provided he fi*o-
nishod information to the board
satisfactorily verifying that he ha* been
primarily actively engaged fat- lea*t- 1,000
hours) io the type of electrical contracting
■ ■» i -» i ■ ■ n-. l.4 t-, i • > hi 'w I * 1. I i-l'irfitif 'ltijin iliintm
Li f iv IV \-i \ i T rrrc en i,i j liujjii i iai i i\ 1 1 1 uui 1 1 1 c
the twelve month period immediately
preceding the date such application i* filed
wrth the board; aod provided he he* met-
all other provisions of thi* Rule.
(g) Annual License Fee. Until revised by the
board, The annual license fee and license renewal
fee fof aft electrical contracting liconso in the
SP-EL classification shall be eighteen dollars
($18.00). as prescribed in Rule .1902 of this
Chapter and subject to the provisions thereof.
(m) Combined Application and Examination
Fees.
( 1) Until revised by the board, The combined
application and examination fees for the
SP-EL classification regular qualifying ex-
aminations and specially arranged exam-
inations shall be as listed i» the following
fee schedule: prescribed in Rule . 1 804 of
this Chapter and subject to the provisions
thereof.
fefefe SCHEDULE
Regular Semi Annual
Examination
Specially Arranged
Examination
EXAMINATION
fefefe
APPLICATION
fefefe
SI 1.00
SJ0.00
urn
moo
TOTAL
COMBINED
fefefe
W&00
S100.00
(o) Examination Scope. The qualifying ex-
amination for the SP-EL license shall be based
on, but not limited to, the following:
(1) rules contained in the current edition of
the North Carolina State Building Code,
Volume IV Electrical and the National
Electrical Code, NT PA 70, which are ap-
plicable to elevator type wiring; electrical
work covered by the SP-EL classification;
(2) rules contained in the current edition of
the North Carolina Code codes and
standards for elevator, escalator,
dumbwaiter, moving walk and personnel
hoist installations as administered by the
elevator division of the North Carolina
Department of Labor and codified as j_3
NCAC 15.0200;
NORTH CAROLINA REGISTER
/5<S
PROPOSED RULES
Statutory Authority G.S. 87-39; 87-42; 87-43.3;
87-44; 87-48.
.2303 SPECIAL RESTRICTED PLUMBING
AND HEATING LICENSE: CLASS I
(a) License Defined. A special restricted
plumbing and heating electrical contracting li-
cense, Class h shall be referred to as a special re-
stricted electrical contracting license in the
SP-PH -GL I classification and is defined as a
special restricted electrical contracting license
isssued by the board to eligible applicants.
(b) Eligible Applicants for SP-PH -Glass i Li-
cense. Only those persons, firms or corporations
who are primarily engaged in a lawful business
of plumbing, heating or air conditioning con-
tracting within the State of North Carolina and
whose duly authorized representative has taken
and passed the SP-PH Class J- qualifying exam-
ination administered by the board, shall be eligi-
ble to apply for and obtain a SP-PH Class 1
License:
(2) A duly authorized representative of a li-
cense applicant shall be deemed to be a
person who is regularly employed by the
license applicant, and who is regularly on
active duty in the license applicant's law-
ful plumbing, heating or air conditioning
contracting place of business; and who has
the specific duty and authority to provide
direct supervision of all installation,
maintenance, alteration or repair of any
electrical wiring, devices, appliances or
equipment done in the name of the
SP-PH -Glass ^licensee.
(c) License Restrictions. With regard to elec-
trical contracting, a SP-PH Class I licensee is
specifically restricted to engaging or offering to
engage in the business of installing, maintaining,
altering or repairing only such electric work, wir-
ing, devices, appliances or equipment which is an
incidental part of his lawful plumbing, heating
or air conditioning business and which is directly
in connection with his lawful business. Such
licensee shall be further restricted to electrical
contracting work which is within the physical
and technical limitations delineated in Paragraph
(d) of this Rule.
(d) Physical and Technical Limitations of Li-
cense. Electrical contracting under the SP-PH
Class 1 license classification shall be restricted to
wiring which is directly related to plumbing,
heating or air conditioning installations within
the State of North Carolina as described and de-
fined as follows:
(2) All related wiring shall be electrically iso-
lated from the building wiring system by
means of a suitable overcurrcnt protective
device (fused switch or circuit breaker) of
a size and type to meet the ourront edition
ef tk# rG G- North Carolina State
Building Code, ¥ek Volume IV Elec-
trical, and the National Electrical Code,
NFPA 70;
(3) The isolating device referred to in Para-
graph (d)(2) of this Rule is to be installed,
complete with line-side connections by
others. Related wiring must originate at
the load-side terminals of the isolating
device and all such related wiring shall be
in compliance with the currant edition el
tfee ?G G- North Carolina State Building
Code, Vet Volume IV Electrical, and the
National Electrical Code, NFPA 70.
Such isolating device must be perma-
nently and legibly identified as to the
equipment being served and, except as set
out in Paragraph (d)(4) of this Rule, must
be installed within an approved enclosure
which is intended solely for, and limited
to, serving the specific plumbing, heating
or air conditioning equipment involved;
(4) In lieu of a separate enclosure as required
in Paragraph (d)(3) of this Rule, a sepa-
rate ovcrcurrent device of a suitable type
and size located within a switchboard or
panelboard which serves the building wir-
ing system may be used as the isolating
overcurrent device described in Para-
graphs (d)(2) and (d)(3) of this Rule;
provided:
(A) The device is permanently and legibly
marked, or the switchboard or panelbomd
panelboard is so marked, to clearly iden-
tify the device as to the plumbing, heating
or air conditioning equipment the device
is intended to serve; and
(B) Suitable wiring is installed from the
load-side terminals of such overcurrent
device to an approved junction box, aux-
iliary gutter, disconnecting means or other
similar equipment installed outside of the
switchboard or panolbomd panelboard
enclosure at a point in sight of and not
more than 50 feet from the plumbing,
heating or air conditioning equipment be-
ing served. Such sutiablo suitable wiring
shall not be construed to be related wiring
covered by the SP-PH Class 1 license
classification;
(6) No such related wiring, or any part
thereof, may be installed in any location
defined as a hazardous location by the
current edition ef th# North Carolina
State National Electrical Code, NFPA 70.
159
NORTH CAROLINA REGISTER
PROPOSED RULES
(e) Project Value Limitation. Within the re-
strictions set out in Paragraphs (c) and (d) of this
Rule, a licensee holding a SP-PH -Gfe 1 license
shall be entitled to engage or offer to engage in
any plumbing, heating or air conditioning related
wiring electrical contracting project regardless of
the dollar value of such related wiring project.
(f) Annual License Fee. Until raviood by the
board, The annual license fee and license renewal
fee fof a» electrical contracting license in the
SP-PH Class * classification shall be eighteen
dollars ($18.00). as prescribed in Rule .1902 of
this Chapter and subject to the provisions
thereof. License fees must be in the form of a
check or money order made payable to the board
and must be filed with the license applications.
Cash cannot be accepted as payment for license
fees.
(h) License Required. No person, firm or
corporation shall engage or offer to engage in the
business of installing, maintaining, altering or re-
pairing electric work, wiring, devices, appliances
or equipment, covered under the SP-PH Class
4- license classification without first having ob-
tained a SP-PH Class I license from the board,
(i) Separate License and Qualified Individual.
There shall be a separate SP-PH Class I license
and a separate qualified person for each place of
business as follows:
(1) Lach person, firm or corporation engaging
or offering to engage in the business of
installing, maintaining, altering or repair-
ing electric work, wiring, devices, appli-
ances or equipment covered under the
SP-PH Class I license classification must
hold a separate SP-PH Class I license for
each place of business from which the
type of business covered under this license
classification is being conducted,
(j) Inactive SP-PH Class I licensees or indi-
viduals qualified in the SP-PH Class + classi-
fication may apply for and obtain a SP-PH
Class J- license as follows: in accordance with
the provisions prescribed in Sections . 1900 and
.2000 of this Chapter; and provided said individ-
ual has met all other provisions of this Rule.
^ 1 f T TI 1 t L'(?l yrTTTT ill ill \J r trr.*l f H ttti t K 1 1 i Vtttt* tTTTt"t*
keW a SP I'll Class J- license btor 4w» to
failure to renew Bf because »f occupa
tional requirements, allowed hi* license to
expire, may apply *»4 have h** license Fe-
newed tf he furnishes information to toe
board verifying that- he is engaged » a
lawful plumbing, heating e* aif condi
tioning business ami during the twelve
months period immediately preceding the
filing »f h+s application he ha* been pri-
marily actively engaged fat- least- 1 ,000
hours) m plumbing, heating, atf condi
^^^^j^^^^^^ ^^jr ^^^^^^^^^^^^^^ ■ ' • * ^ t f «- ■ > . ^ 1 ittji ^^r^^^i i ■ ' . \rl:
n^TTTTTTTT r^T" CT^^Ct I 1UUI l^_l II 1 1 U\. I II I EL, t^TT^P t^TTTtTTT
f2} A-»y person who- has once ttoly qualified
fof a SP PH Class 1 license b«t novor tto-
tainod a license may apply ami obtain a
liconso if he furnishes information verify
iftg that he i* engaged m a lawful plumb
mg: heating ef at* conditioning business
amh during toe twelve month period im-
mediately preceding toe filing »f hi* ap-
plication, he ha* been primarily actively
engaged fat least- 1,000 hours) m plumb
mgr heating, aif conditioning ef electrical
contracting type work.
(1) Qualifying Examinations; Minimum Re-
quirements. In order to take the SP-PH Class
I qualifying examination, as applicant must meet
the following minimum requirements:
(1) Applicant must present satisfactory evi-
dence verifying that he is regularly em-
ployed by a person, firm or corporation
engaged in a lawful plumbing, heating or
air conditioning business within the State
of North Carolina as defined in Paragraph
(b) of this Rule and that he is applying to
take the qualifying examination for the
purpose of qualifying for a SP-PH Class
I license for the said lawful business;
(m) Written Qualifying Examination. Appli-
cants for the SP-PH Class I license are required
to take in their own handwriting a written quali-
fying examination as prescribed by the board.
(o) Re-examination; Waiting Period. An ap-
plicant failing to make a passing grade on the
qualifying examination must wait a nominal pe-
riod of six months (period between semi-annual
examinations) before he will be eligible to take
another qualifying examination in the SP-PH
Class I license classification. Such applicant
shall be considered a new applicant each time he
applies to take the qualifying examination and for
each such time, he must file an application on the
SP-PH Class 1- qualifying examination applica-
tion form furnished by the board and pay the
required application and examination fee.
(p) Examination Dates. Regular semi-annual
and specially arranged SP-PH Class i qualifying
examinations shall be administered by the board
as follows:
( 1 ) When eligible applicants are waiting to
take the examination, qualifying exam-
inations for an electrical contracting li-
cense in the SP-PH Class I classification
shall be conducted during the board's
regular semi-annual examination period in
the months of March and September of
each vear. The board mav establish such
NORTH CAROLINA REGISTER
160
PROPOSED RULES
other dates to conduct examinations as
may be necessary.
(q) Combined Application and Examination
Fees. Until changed by the board, the combined
application a«4 examination fees fof the
SP I'll Glass i qualifying examination shall be
as specified h* tke following fee schedule:
H4+SCIIbDri F
Regular Semi Annual
I . summation
Specially i\rranged
Examination
EXAMINATION
E45fc
$70.00
APPI RATION
E4*
$30.00
TOTAL
COMBINED
5.1S.00
$100.00
( 1) The combined application and examina-
tion fees for the SP-PH classification reg-
ular qualih inn examinations and specially
arranged examinations shall be as pre-
scribed in Rule . 1S04 of this Chapter and
subject to the provisions thereof.
(2) f-H The total combined application and
examination fee must be in the form of a
check or money order payable to the
board and must accompany the applica-
tion when filed with the board.
(3) {4) The application and examination fees
shall be retained by the board or refunded
to the applicant as follows:
(A) The application portion of the com-
bined application and examination fee
shall be retained by the board unless the
applicant does not take the qualifying ex-
amination for which he applied and does
submit a written request to the board for
a refund and the refund is specifically ap-
proved by the board.
(B) The examination fee portion of the
combined application and examination fee
shall be refunded to any applicant who
does not take the examination during the
examination period for which he has ap-
plied.
(4) (4f Any fee retained by the board shall not
be creditable toward the payment of any
future application ©for examination fee.
(r) Applications to Take Examination. Appli-
cations to be considered for regular semi-annual
and specially arranged examinations must be duly
filed on forms provided by the board:
(3) Applications for examinations shall not
be considered duly filed unless and until
the applicant has filed an application with
the board prior to the filing deadline on a
form provided by the board, together with
the following information:
(C) ' satisfactory verification that he meets
the minimum standards of experience, and
proficiency for the SP-PH Class I license
classification; and
(s) Examination Scope. The qualifying exam-
ination for a SP-PH Class I license shall be
based on, but not limited to, the following:
(1) rules contained in the current edition »f
Ae Nt Or North Carolina State Building
Code, V©fr Volume I\
National Electrical
(2)
Electrical and the
Code, NEPA 71^
which are applicable to installations cov-
ered by the SP-PH Class I license classi-
fication;
analysis of electrical schematic diagrams,
plans and specifications applicable to in-
stallations covered by the SP-PH Class i
license classification; and
(t) Other Electrical Contracting Work. Elec-
trical contracting work other than that specif-
ically covered under the SP-PH Class I license
is covered in G.S. 87-43 and by appropriate rules
in this Chapter. Any person, firm or corpo-
ration, including any SP-PH Class I- licensee,
who engages or offers to engage in such other
electrical contracting is required to hold a valid
electrical contracting license which has been is-
sued by the board to cover such other work.
(u) Duty and Responsibility of SP-PH Class
i licensee. In addition to complying with the
general laws, regulations and requirements appli-
cable to persons, firms or corporations engaging
or offering to engage in the business of electrical
contracting within the State of North Carolina,
it shall be the duty and responsibility of a licensee
holding an electrical contracting license in the
SP-PH Class i classification to confine his elec-
trical contracting business strictly to related wir-
ing in connection with plumbing, heating or air
conditioning installations as defined in Para-
graphs (c) and (d) of this Rule.
(v) Penalty for Violation. Any licensee holding
a SP-PH Class 1- license and engaging or offering
to engage in an)' electrical contracting business
under said License, other than that specifically
covered by 'his Rule shall be deemed to be in
violation of Chapter 87, Article 4, of the North
Carolina General Statutes and shall be subject to
penalty as provided in G.S. 87-48.
161
NORTH CAROLINA REGISTER
PROPOSED RULES
Statutory Authority G.S. 87-39; 87-42; 87-43.3;
87-44; 87-48.
.2304 SPECIAL RESTRICTED PLUMBING
AND HEATING: CLASS II
(REPEALED)
Statutory Authority G.S. 87-39; 87-42; 87-43.3;
87-44; 87-48.
.2305 SPECIAL RESTRICTED
GROUNDWATER PUMP LICENSE
(d) Physical and Technical limitations of Li-
cense. Electrical contracting under the SP-WP
license classification shall be restricted to wiring
which is directly related to groundwater pump
installations within the State of North Carolina
as described in this Rule:
(3) The suitable disconnecting means referred
to in Subparagraphs (d)(1) and (2) of this
Rule shall:
(C) be of a type and size as required by the
current edition ef the North Carolina
State Building Code, Vol. Volume IV
Electrical
Code,
and
NIT A
the
70,
National Electrical
for the specific
groundwater pump equipment involved;
and
(D) contain fuse or circuit breaker overcur-
rent protection of a type and size as re-
quired by the current edition rf the North
Carolina State Building Code, V-wh Vol-
ume IV Electrical and the National Elec-
trical Code, NT- PA 70, for the specific
groundwater pump equipment involved,
unless such overcurrcnt protection is oth-
erwise provided in the building wiring
system.
(4) All related wiring covered by the SP-WP
classification shall be installed in compli-
ance with the applicable provisions of the
current edition ef the North Carolina
State Building Code, Voir Volume IV
Electrical and the National Electrical
Code, NFPA 70.
(5) Related wiring covered by the SP-WP
classification shall be restricted to circuits
or parts thereof which operate at voltages
not exceeding 600 volts, phase-to-phase.
No related wiring, or any part thereof,
may be installed in any location defined
as a hazardous location m by the current
edition »f the North Carolina State
Building Code, V-eh W- Electrical. Na-
tional Electrical Code, NEPA 70.
(f) Annual License Eee. Until revised by the
board, The annual license fee and license renewal
fee fof at* electrical contracting license in the
SP-WP classification shall be eighteen dollars
($18.00). as prescribed in Rule .1902 of this
Chapter and subject to the provisions thereof.
License fees must be in the form of a check or
money order made payable to the board and
must be filed with the license applications. Cash
cannot be accepted as payment for license fees.
(j) Inactive SP-WP licensees or individuals
qualified in the SP-WP classification may apply
for and obtain a SP-WP license as follows: in
accordance with the provisions prescribed in
Sections .1900 and .2000 of this Chapter; and
provided said individual has met all other pro-
visions of this Rule.
\ L . 1 \ J V / % T1 . >1 1
W
m
Any person, f4n» &¥ i
he!4 a SP WP license, btrtr 4t*e te failure
t» renew e* because ef- occupational Fe-
quirements, allowed his license to expire,
may apply asd have hi* license renewed
if he furnishes information t» the board
verifying that he is engaged t» a lawful
groundwater pump business; and, during
the twelve month period immediately
preceding the filing of his application, he
has been primarily actively engaged fat
least 1,000 hours) in- groundwater pump
»f electrical contracting type work.
Any person who has once duly qualified
fof a SP WP license b«t never obtained a
license may apply a«4 obtain a license if
he furnishes te- the board information
verifying that he is engaged i» a lawful
groundwater pump business and, during
the twelve month period immediately
preceding the filing »f his application, he
I lit? ( Hr*J*i I 1*1 1111 ii I 11 V i It'L 1 V (?1 V t? i 1 tlrttit*TT \ I ,v'M(
hours) » groundwater pump of electrical
contracting type work.
Combined Application and Examination
L'ntil changed by- the board, the combined
application awi examination fee fof the SP WP
qualifying examination shall he as specified i» the
following fee schedule:
Pfe& SCHEDULE
APPLICATION
FEE
(P)
lee.
Regular Semi Annual
Examination
Specially Arranged
Examination
EXAMINATION
E*6
mm
$30.00
TOTAL
COMBINED
1*6
NORTH CAROLINA REGISTER
162
PROPOSED RULES
$.70.00
&I00.0O
( 1 ) The combined application and examina-
tion fees for the SP-WP classification reg-
ular qualifying examinations and specially
arranged examinations shall be as pre-
scribed m Rule .1804 of this Chapter and
subject to the provisions thereof.
(2) f++ The total combined application and
examination fee must be in the form of a
check or money order made payable to
the board and must accompany the ap-
plication when filed with the board.
(3) (3} The application and examination fee
shall be retained by the board or refunded
to the applicant as follows:
(A) The application fee portion of the
combined application and examination fee
shall be retained by the board unless the
applicant does not take the examination
for which he applied and does submit a
written request to the board for a refund
and the refund is specificallv approved by
the board.
(B) The examination fee portion of the
combined application and examination fee
shall be refunded to any applicant who
does not take the examination during the
examination period for which he has ap-
plied.
(4) (-rty Any fee retained by the board shall not
be creditable toward the payment of any
future application or examination fee.
(r) Examination Scope. The qualifying exam-
ination for a SP-WP license shall be based on,
but not limited to, the following:
(1) rules contained in the current edition ef
tke North Carolina State Building Code,
Vol. Volume IV Electrical and the Na-
tional Electrical Code. NT PA 70. which
are applicable to installations covered by
the SP-WP classification; a«4
Statutory Authority G.S. 87-39; 87-42; 87-43.3;
87-44; 87-48.
.2306 SPECIAL RESTRICTED ELECTRIC
SIGN LICENSE
(e) Physical and Technical Limitations of Li-
cense. Electrical contracting under the SP-ES
license classification shall be restricted to wiring
which is directly related to electric sign installa-
tions within the State of North Carolina as de-
scribed in this Rule:
(5) The suitable disconnecting means or suit-
able junction box referred to in Subpara-
graph (e)(1) and (2) of this Rule and the
suitable junction box referred to in Sub-
paragraph (e)(3) of this Rule shall be in-
stalled as separate enclosures intended
solely for and limited to serving the spe-
cific electric sign installation involved;
shall be of a type and size as required by
the current edition ef As North Carolina
State Building Code, Velr Volume IV
Electrical and the National Electrical
Code, N'FPA 70, for the specific electric
sign installation involved; and shall be
permanently and legibly marked to iden-
tify same with the specific electric sign in-
stallation being served.
(7) All related wiring shall be installed in
compliance with the applicable provisions
of the current edition ©f &e North
Carolina State Building Code, ¥*4r Vol-
ume IV Electrical and the National Elec-
trical Code, NFPA 70.
(8) No related wiring, or any part thereof, may
be installed in any location defined as a
hazardous location i» bv the current e4i-
tie» ef A# North Carolina State Building
Code, ¥«4t Pr- Electrical. National Elec-
trical Code, NFPA 70.
(9) All building wiring shall be installed by
others and all such wiring shall be in-
stalled in compliance with the applicable
provisions of the current edition ef- &t»
North Carolina State Building Code. V-«4r
Volume IV Electrical and the National
Electncal Code, NFPA 70.
(g) Annual License Fee. Until revised by th«
board, The annual license fee and license renewal
fee fof a» electrical contracting in the SP-ES
classification shall be eighteen dollars ($18.00).
as prescribed in Rule . 1QQ2 of this Chapter and
subject to the provisions thereof. License fees
must be in the form of a check or money order
made payable to the board and must be filed with
the license applications. Cash cannot be ac-
cepted as payment for license fees.
(h) Annual License Renewal. All licenses is-
sued by the board automatically expire at
mdinight midnight on June 30 of each year unless
otherwise rendered invalid prior to that date.
License renewal applications and the eighteen
dollar (S 18.00) annual license renewal fees shall
be due in the office of the board 30 days prior to
the midnight June 30 expiration date. The filing
date of applications filed by mail will be consid-
ered to be the date of postmark. Renewal ap-
plications received after the midnight June 30
expiration date shall be subject to a late filing
penalty of 10 percent of the annual license fee.
(j) Inactive SP-ES licensees or individuals
qualified in the SP-ES classification may apply
163
NORTH CAROLINA REGISTER
PROPOSED RULES
for and obtain a
accordance with
Sections
SP-ES license as follows: in
the provisions prescribed in
1 900 and .2000 of this Chapter; and
provided said individual has met all other pro-
visions of this Rule.
tit " tiit i.' v. i \y\.j i i j in in rrr uui !■ "" i uin'ii •« i iu kj i iuu
hold a SP ES license, btrir d«e t» failure
t» renew ef bocauso ef occupational re-
quirements, allowed his liconso te oxpiro,
may apply an4 have his license renewed
if he furnished infurmatieft te- the board
verifying that- he is engaged m a lawful
oleotrio si^* business, and, during the
twolvo month period immediately proced
iftg the filing ef his application, he has
been primarily actively engaged (at least
1,000 hours) ift electric sig» &f electrical
contracting type work.
(-3) Any person who has once duly qualified
fef a SP ES license b«t never obtained a
license may apply at*4 obtain a licenso if
he furnishes te- the board information
verifying that he is engaged m a lawful
electric sigft business aftdr during the
twelve month period immediately proced
i«g the filing ef his application, he has
been primarily actively engaged ( 1,000
hours) i» electric sigft e* electrical con
tructing type work.
(q) Combined Application and Examination
Fees. Until changed by the board, the combined
application a»d examination fees fof the SP ES
CTTITTTTTT'TTTTli t^TtTTI lilltlltlTTII QTttuS t*t? Ct^ CTTTOOIj It U 111 I I IT?
following fee schedule:
(2) f44 The total combined application and
examination fee must be in the form of a
check or money order made payable to
the board and must accompany the ap-
plication when filed with the board.
(3) (2) The application and examination fee
shall be retained by the board or refunded
to the applicant as follows:
(A) The application fee portion of the
combined application and examination fee
shall be retained by the board unless the
applicant does not take the examination
for which he applied and does submit a
written request to the board for a refund
and the refund is specifically approved by
the board.
(B) The examination fee portion of the
combined application and examination fee
shall be refunded to any applicant who
does not take the examination during the
examination period for which he has ap-
plied.
(4) (3) Any fee retained by the board shall not
be creditable toward the payment of any
future application or examination fee.
(s) Examination Scope. The qualifying exam-
ination for a SP-ES license shall be based on, but
not limited to, the following:
(1) rules contained in the current edition of
the North Carolina State Building Code,
Vol. Volume IV Electrical and the Na-
tional Electrical Code, NFPA 70^ which
are applicable to installations covered by
the SP-ES license classification;
PEE SCHEDULE
PiOgular Semi Annual
Examination
Specially Arranged
Examination
EXAMINATION
FEE
APPLICATION
PEE
$444)0
$30.00
TOTAL
COMBINED
PEE
$4E4q uzm
mm sioo.oo
(1) The combined application and examina-
tion fees for the SP-FS classification reg-
ular qualifying examinations and specially
arranged examinations shall be as pre-
scribed in Rule . 1 X04 of this Chapter and
subject to the provisions thereof.
Statutory Authority G.S. 87-39; 87-42; 87-43.3;
87-44; 87-48.
.2307 SPECIAL RESTRICTED LOW
VOLTAGE LICENSE
(b) Low Voltage Wiring Defmed. With regard
to the SP-LV license classification, low voltage
wiring is defined as:
(2) Wiring systems having a voltage in excess
of 50 volts; provided such systems consist
solely or power limited circuits meeting
the definition of a Class II or Class III
wiring system as defined in the Nr Gr
North Carolina State Building Code, V-eh
Volume IV Electrical (current edition ef
and the National Electrical Code, NFPA
70 ) ; or
(c) Hazardous Locations. No related wiring
or any part thereof may be installed under the
provisions of this Rule in any location defined
as a hazardous location by the Nr Gr State
Building Codo, VeP PV- Electrical (current edition
ef the National Electrical Code, NFPA 70. }
NORTH CAROLINA REGISTER
164
PROPOSED RULES
(1) Inactive SP-LV licensees or individuals
qualified in the SP-LV classification may apply
for and obtain a SP-LV license a* follows: in
accordance with the provisions prescribed in
Sections . 1 900 and .201)0 of this Chapter; and
provided said individual has met all other pro-
visions of this Rule.
(-14 Afty person, ftfFft ef corporation who onco
heki a- license; b+to ttoe to failure ;» renew
e* because ef occupational feqi.iromonto
allowed his license to expire, may- apply
a«4 have hi* license ronowed if he h*f-
nishos information to the board verifying
that, during toe twelve month period hb-
mediately preceding the filing trf hi* ap-
plication, he ha* been primarily actively
engaged (at- lea*i- 1,000 hours) » lew
voltage ©f other electrical contracting type
work.
(4> Any person who ha* onco duly qualified
tot a SP LV license, bto never obtained a
License, may apply a«4 obtain a license if-
he furnishes to toe board information
verifying that- during the twelve month
period immediately preceding the filing ©f-
hi* application he ha* been primarily ae-
tively engaged ( 1,000 hours) i» tow- volt
age e+ other electrical contracting type
work.
(m) Certain Licensees Exempt. Within the
restrictions of their respective electrical contract-
ing license classification, licensees holding a cur-
rent electrical contracting license issued by the
board in the limited, intermediate, unlimited,
SP-SFD or SP-PH -Qa** I classification are ex-
empted from the license requirements of this
Rule.
(n| Annual License Fee. Until revised by the
board, The annual license fee and license renewal
fee fof a» electrical contracting license in the
SP-LV classification shall be eighteen dollars
($18.00). as prescribed m Rule .1902 of this
Chapter and subject to the provisions thereof.
License fees must be paid in the form of a check
or money order made payable to the board and
must accompany be tiled with the license appli-
cations. Cash cannot be accepted as payment for
license fees.
(o) Annual License Renewal. All licenses is-
sued by the board automatically expire at mid-
night on June 30 of each year unless otherwise
rendered invalid prior to that date. License re-
newal applications and the eighteen dollar
($1S.00) license renewal fee shall be due in the
office of the board 30 days prior to the midnight
June 30 expiration date. The filing date of ap-
plications tiled by mail will be considered to be
the date of postmark. Renewal applications re-
ceived after the midnight June 30 expiration date
shaLL be subject to a late fiLing penalty of 10 per-
cent of the annual License fee.
(u) Combined Application and Examination
Fees. Until changed by the board toe combined
application a*to examination lee* tof the SP LV
qualifying examination shall be a* specified h% the
following fee
PES SCHEDULE
Regular Semi Annual
Specially Arranged
EXAMINATION
FEE
$70.00
APPLICATION
FEE
mm
$30.00
TOTAL
COMBINED
FEE
$18.00
E100.00
The combined application and examina-
tion fees for the SP-LV classification reg-
ular qualifying examinations and specially
arranged examinations shall be as pre-
Lii
scribed in Rule . 1 804 of this Chapter and
subject to the provisions thereof.
(2) (44 The total combined application and
examination fee must be in the form of a
check or money order made payable to
the board and must accompany the ap-
plication when filed with the board. Cash
cannot be accepted.
(3) (-2+ The application and examination fee
shall be retained by the board or refunded
to the applicant as follows:
(A) The application portion of the com-
bined application and examination fee
shall be retained by the board unless the
applicant does not take the examination
for which he applied and submits a writ-
ten request to the board for a refund and
the refund is specifically approved by the
board.
(B) The examination fee portion of the
combined application and examination fee
shall be refunded to any applicant who
does not take the examination during the
examination period for which he has ap-
plied.
(4) f4} Any fee retained by the board shall not
be creditable toward the payment of any
future application or examination fee.
165
NORTH CAROLINA REGISTER
PROPOSED RULES
(w) examination Scope. The qualifying exam-
ination for a SP-LV license shall be based on, but
not limited to, the following:
(1) rules contained in the N.C. North
Carolina State Building Code, ¥eh Vol-
ume IV Electrical (current edition ef and
the National Electrical Code, NFPA 70, >
applicable to low voltage installations
covered by the SP-LV license classifica-
tion;
mm
$100.00
Statutory Authority G.S. 87-39;
87-43.2; 87-43.3; 87-44; 87-48.
.2308
87-42; 87-43;
SPECIAL RESTRICTED SWIMMING
POOL LICENSE
(h) Annual License Fee. Until revised by the
board, The annual license fee fof a» electrical
contracting lieonoo in the SP-SP classification
shall be eighteen dollars ($18.00). as prescribed
in Rule .1902 of this Chapter and subject to the
provisions thereof. License fees must be paid in
the form of a check or money order made paya-
ble to the board and must accompany be filed
with the license application. Cash cannot be ac-
cepted as payment for license fees.
(i) Annual License Renewal. All licenses is-
sued by the board automatically expire at mid-
night on June 30 of each year unless otherwise
rendered invalid prior to that date. License re-
newal applications and the eighteen dollar
($18.00) license renewal fee shall be due in the
board's office 30 days prior to the midnight June
30 expiration date. The filing date of renewal
applications filed by mail will be considered to
be the date of postmark. Renewal applications
received after the midnight June 30 expiration
date shall be subject to a late filing penalty of 10
percent of the annual license fee.
(o) Combined Application and Examination
Fees. Until changed by the board, the combined
application a«4 examination foes fo* the SP SP
qualifying examinations eh all be as prescribed m
the following fe
PES SCHEDULE
APPLICATION
Regular Semi annual
Specially Arranged
EXAMINATION
FEE
$11.00
$30.00
TOTAL
COMBINED
EE6
mm
(1) The combined application and examina-
tion fees for the SP-SP classification reg-
ular qualifying examinations and specially
arranged examinations shall be as pre-
scribed in Rule . 1 804 of this Chapter and
subject to the provisions thereof.
(2) (4-} The total combined application and
examination fee must be in the form of a
check or money order made payable to
the board and must accompany the ap-
plication when hied with the board. Cash
cannot be accepted.
(3) {2} The application and examination fee
shall be retained by the board or refunded
to the applicant as follows:
(A) The application portion of the com-
bined application and examination fee
shall be retained by the board unless the
applicant does not take the examination
for which he applied and submits a writ-
ten request to the board for a refund and
the refund is specifically approved by the
board.
(B) The examination fee portion of the
combined application and examination fee
shall be refunded to any applicant who
does not take the examination during the
examination period for which he has ap-
plied.
(4) (4) Any fee retained by the board shall not
be creditable toward the payment of any
future application or examination fee.
(q) Examination Scope. The qualifying ex-
amination for a SP-SP license shall be based on,
but not limited to, the following:
(1) rules contained in the N.C. North
Carolina State Building Code, ¥eh Vol-
ume IV Electrical (current edition ef and
the National Electrical Code, NFPA 70, )
which are applicable to installations cov-
ered by the SP-SP license classification;
(r) Reactivating Lieonoo. A«y SP SP licensee
who, d«e t» failure te- renew ©f becauoo ef oocu
pational requirements, allowed his license te- e#-
piro, may apply a«4 have his license renewod if
he furnishes information satisfactorily verifying
that during the 12 month period immodiatoly
preceding the filing ef his application, the appli
cant's duly qualified representative has been pH-
marily actively engaged (at least 1,000 hours) m
electrical contracting ©f swimming pool con
struction type work. Inactive SP-SP licensees
or individuals qualified in the SP-SP classifica-
tion, may apply for and obtain a SP-SP license
in accordance with the provisions prescribed in
Sections .1900 and .2000 of this Chapter, and
NORTH CAROLINA REGISTER
166
PROPOSED RULES
provided said individual has met all other pro-
visions of this Rule.
(s) Duly Qualified Btrt Never Obtained a In-
cense. Any person, ft»» e* corporation who is
engaged i» a lawful swimming pool construction
business *h4 who no duly authorised ropresen
tative took c«4 passed t4** SP SP qualifying »*-
amination btri- h» license was obtained shall l*e
eligible te apply m+4 obtain a SP SP license- pro
vided t4+e board is furnished information satis
factonly verifying that, during the 12 month
period immediately preceding the filing ef hi*
application, the applicant's d+*iy authorised rep-
resentative ha* been primarily actively ongaged
fat- least 1,01)1) hours) m electrical contracting ef
swimming pool construction type work.
fH [s] Duty and Responsibility of SP-SP
licensee. It shall be the duty and responsibility
of a licensee holding an electrical contracting li-
cense in the SP-SP classification to confine his
electrical contracting work strictly to the scope
of swimming pool bonding work as prescribed in
this Rule.
(«+ (t} Permit: Inspection Requirements.
Nothing hereing herein shall be construed as su-
perseding or authorizing the waiver of any state
or local requirements for permits and inspections
or any local special construction rules which
would otherwise be applicable to any work cov-
ered under the provisions of this Rule.
Statutory Authority G.S. 87-39; 87-42; 87-43;
87-43.2; 87-43.3; 87-44; 87-48.
SECTION .2400 - LICENSING RECIPROCITY
.2402 RECIPROCITY: SOUTH CAROLINA
Pursuant to the provisions of Rule .2401 of this
Section and the formal resolution agreement be-
tween the board and the South Carolina Licens-
ing Board for Contractors, licensees of the South
Carolina Board, who are non-residents of North
Carolina, are eligible to apply for and obtain a
North Carolina electrical contracting license and
North Carolina licensees, who are non-residents
of South Carolina, are eligible to apply to the
South Carolina board and obtain a South
Carolina electrical contracting license in classi-
fications as prescribed in the following table:
SOUTH CAROLINA LICENSEE
Limited
Intermediate
Unlimited
ELIGIBLE FOR NORTH CAROLINA
LICENSE
Limited or intermediate
Limited, intermediate or unlimited
Limited, intermediate or unlimited
NORTH CAROLINA LICENSEE
Limited
Intermediate
Unlimited
ELIGIBLE FOR SOUTH CAROLINA
LICENSE
Not eligible for any license: no
S.C. State license required for
projects up to $10,000.00 $17,500.00
Limited or intermediate
Limited, intermediate or unlimited
Statutory Authority G.S. 87-39; 87-42; 87-50.
.2404 RECIPROCITY: FLORIDA
Pursuant to the provisions of Rule .2401 of this
Section and the formal resolution agreement be-
tween the board and the Florida Electrical Con-
tractors Licensing Board, licensees of the Florida
board, who are non-residents of North Carolina,
are eligible to apply for and obtain a North
Carolina electrical contracting license and North
Carolina licensees, who are non-residents of
Florida, are eligible to apply to the Florida board
and obtain a Florida electrical contracting license
in classifications as prescribed in the following
table:
FLORIDA LICENSEE
Unlimited
ELIGIBLE FOR NORTH CAROLINA
LICENSE
Unlimited
NORTH CAROLINA LICENSEE
Unlimited
ELIGIBLE FOR FLORIDA LICENSE
L'nlimited
Statutory Authority G.S. 87-39; 87-42; 87-50.
167
NORTH CAROLINA REGISTER
PROPOSED RULES
SECTION .2500 - JOINT RESOLUTIONS:
AGREEMENTS
.2503 AGREEMENT: ENGINEERING BOARD
Pursuant to an agreement between the board
and the North Carolina State Board for Profes-
sional Engineers and Land Surveyors, the fol-
lowing definitions and procedures shall apply to
drawings:
(1) Design drawing. A design drawing indicates
the total result to be achieved by an assem-
bly of various systems. It is the creative
work of a design professional, prepared with
the use of special knowledge of the math-
ematical, physical and engineering sciences
in order to accomplish a specific function
and bears the seal of the preparing design
professional.
(2) Shop drawing. A shop drawing indicates
the fabrication, assembly, installation or
erection of a system's components. It is
usually prepared by the manufacturer or in-
stalling contractor for the purpose of con-
veying to the mechanic the materials and
construction sequencing procedures to be
used in achieving the total result called for
by the design drawings.
(3) Other drawings. If design drawings are not
required by any statute, the installing con-
tractor may prepare preliminary drawings to
illustrate his proposed installation.
(4) Other drawings. If design drawings are re-
quired by a statute for an installation, the
contractor may prepare preliminary
drawings to illustrate his proposed installa-
tion; provided his proposal contains specific
provisions to assure the awarding authority
that, if awarded the project, the services of
a duly registered professional will be em-
ployed to prepare the required final design
drawing(s) for the installation proposed and
that the installation will be constructed in
accordance with such design drawing(s).
Statutory Authority G.S. 87-39; 87-42.
SECTION .2600 - INTERPRETIVE RULINGS
.2602 INTERPRETIVE RULING: LOW
VOLTAGE SYSTEMS
(b) A low voltage wiring system will be
constued by the board as a system which a
non-licensee of the board shall be permitted
to install, maintain, alter or repair if all of
the following conditions are met:
(2) The low voltage control circuit and power
supply is a Class II or Class III system as
defined in the Nr Gr North Carolina State
Building Code, Vol. Volume IV Elec-
trical (curront odition ef and the National
Electrical Code, NFPA 70; }
(3) The low voltage wiring system operates
at a voltage not in excess of 50 volts unless
the system meets the provisions for
sound-recording and similar equipment as
set out in the Nt Gt North Carolina State
Building Code, V-eh Volume IV Elec-
trical (current odition e4 and the National
Electrical Code, NFPA 70; )
(4) No part of the installation is in any area
designated as hazardous by the rVr &•
North Carolina State Building Code, V-eh
Volume IV Electrical (curront edition trf
and the National Electrical Code, NFPA
70;*
Statutory A uthority
I50B-1I(1).
G.S. 87-39; 87-42;
.2606 INTERPRETIVE RILING: JOINT
VENTURE
(a) Joint Venture Eligibility. A«y person, fo=f»
e* corporation not- duly licensed by the board to
engage ef offer to engage to a given electrical
contracting project m North Carolina shall be
eligible to participate i» sato project by entering
n*to a joint venture agreement with a peroon.
6fH+ e* corporation duly licensed by the board to
engage e* offer to engage m such project; pro
vidod that, prior to any aet- »f engaging e* offer
iftg to engage m the &ai4 project, a& ef the
following conditions are met: Definition. Joint
venture shall mean a written agreement entered
into, prior to any act of engaging or offering to
engage, between a North Carolina electrical con-
tractor duly licensed for a given electrical con-
' i^ L 1 1 1 V. l l^j 1 1 1 u r ,
tracting project and a North Carolina elect ncal
contractor or an out-of-state electrical contractor
not duly licensed for said project.
/ 1 V tja^ ■ Q m< ti^kxiijjj;^ ■ ■ ■ ■ r ■ ' ■ ■ ' * ' ■ ■ ' ' '
\ T J II IV TTTTTTT f 1.1 II lit U LlC-J C7C I J I\- I 1 I
f3} the joint venture agreement is duly e*e-
cuted e» joint venture affidavit agreement
forms provided by the board a»4 the duly
executed forms afe furnished to the board
with copies furnished to the local govern
mental inspections department having j«-
risdiotion over the $m4 project.
(b) Joint Venture Ineligibility After Violation.
A«y person, fo» &e corporation found to be eft-
gaging e+ offering to engage to a given electrical
contracting project » North Carolina when such
person, frm* e* corporation is »»t duly licensed
t . i . 1.-^ i.- r\ . t-i . i 1 1 tut 1^^ _>li|iil-i|,i| t . k i , a i n t i ■ ^. 1 1 1 i i t-. i t l-i . i
\\s K1\J \^J . 03 IlLTT I1U I L-'V O LI CJ " 1 \J I \J J V-'lirt W11LUI U 1 1 It-
sai4 project. North Carolina Electrical Contrac-
tor. Subject to Rules .1803(c) and .2607(b) of
this Chapter, a North Carolina electrical con-
NORTH CAROLINA REGISTER
168
PROPOSED RULES
tractor not dul\ licensed for a given electrical
contracting project shall be eligible to enter into
a joint venture agreement as defined in Paragraph
(a) of this Rule and, provided that the parties to
the joint venture agreement duly execute said
agreement on joint venture affidavit -agreement
forms furnished by the board, return the duly
executed forms to the board and submit copies
thereof to the local governmental inspections de-
partment having jurisdiction over the said elec-
trical contracting project.
(c) Out^of^State Electrical Contractor. Subject
to Rules .lSOi(b) and .2607(a) of this Chapter.
an out-of-state electrical contractor currently op-
erating an electrical contracting business in ac-
cordance with the laws of its home state and not
dulv licensed for a given electrical contracting
project m North Carolina shall be eligible to em
ter into a joint venture agreement as defined in
Paragraph ( a ) of this Rule and, provided that the
parties to the joint venture agreement duly exe-
cute said agreement on joint venture affidavit -
agreement forms furnished by the board, return
the dulv executed forms to the bo;jd and submit
copies thereof to the local governmental in-
spections department having jurisdiction over the
said electneal contracting project.
Statutory Authority G.S. 8^-39; 87-42; 87-43;
150B-1I(1).
.2607 INTERPRKTIVE RULING: LICENSE
INELIGIBILITY AFTER VIOLATION
(a) Non-licensee. Any person, firm or corpo-
ration not dulv licensed by the board and found
to be engaging or offering to engage in a given
electrical contracting project in North Carolina
shall be subject to the provisions of G.S. 87-48
and shall not be eligible to enter into a pint
venture agreement for the said project. Further-
more, such person, firm or corporation shall not
be eligible for a qualifying examination to obtain
a license, from tke board until such time as the
board has found that any commitment to the
said project involving said person, firm or cor-
poration has been voided and that the given said
project, if continued, has been awarded to a per-
son, firm or corporation duly licensed by the
board to engage or offer to engage in such
project.
(b) Licensee. Any licensee of the board found
to be engaging or offering to engage in a given
electrical contracting project in North Carolina
exceeding the project limitations of his said
licensee's current license shall be subject to the
provisions of G.S. 87- 4S 47 and shall not be eli-
gible to enter into a joint venture agreement for
the said project. Furthermore, such licensee shall
not be eligible for a qualifying examination to
upgrade bis said license to a higher classification
until such time as the board has found that any
commitment to the said project involving said
licensee has been voided and that the given said
project, if continued, has been awarded to a per-
son, firm or corporation duly licensed by the
board to engage or offer to engage m such
project.
Statutory Authority
87-48; 150B-11(I).
G.S. 87-39; 87-42; 87-43;
.2610 INTERPRETIVE RULING: AUTHORIZED
LEGAL ACTION BY STAFF
(a) Pursuant to action of the board on De-
cember 11, 1980, the following members of the
board's staff are authorized to act on behalf of
the board in criminal or civil actions brought
under the provisions of G.S. 87-48(a) and
87-48(b):
(1)
(2)
the board's executive director, aft4
the board field representatives coordinator,
and
(3) the board's field representatives.
(b) Said staff members are authorized to give
affidavits, act as plaintiffs, verify complaints, sign
criminal warrants, testify in court or in other
proceedings, and to perform all other acts as may
be required in such criminal and civil actions.
(c) All such acts performed by said staff mem-
bers prior to December 11, 1980, are ratified and
affirmed by the board.
Statutory Authority G.S. 87-39; 87-40; 87-42;
ISOB-ll(l).
.2612 INTERPRETIVE RILING:
DEFINITIONS: DELIVERV/RELATED
TERMS
(c) Service Point. The service point in a wiring
system, defined in Section 230 200 ef the WM-
Edition ©f the National Electrical Code, NT PA
70, as the point of connection between the facil-
ities of the serving utility and the premises wiring,
is hereby construed to be one and the same as the
point herein defined as point of delivery.
(e) Illustrated definitions and application of
licensing Act. The point of delivery' and service
point in a wiring svstem and the application of
the North Carolina Electrical Contracting li-
censing Act are further defined in the following
illustration:
POINT OF DEI I VERY
NCGS CH. 87. ART. 4
169
NORTH CAROLINA REGISTER
PROPOSED RULES
SERVICE POINT
NEC, NFPA 70
AHEAD
Wiring on this side is that portion of
a wiring system for which the electric
power supplier has the responsibility
tor the ownership, operation and
maintenance thereof, including any
such overhead, underground, inside
or outside wiring.
I [CENSE REQUIREMENTS
Wiring installations on this side are
expected from the North Carolina
Electrical Contracting 1 lccnsing Act .
Parties of interest are referred to the
North Carolina Licensing Board for
General Contractors for applicable
licensing requirements.
BEYOND
Wiring on this side is that portion of
a wiring system for which the con-
sumer has the responsibility for the
ownership, operation and mainte-
nance thereof, including am such
overhead, underground, inside or
outside wiring.
1 ICENSE REOJJIREMENTS
Wiring installations on this side are
covered by the North Carolina Llec-
trical Contracting I icensing Act and.
pursuant to the provisions of said act ,
persons, firms or corporations in-
stalling, maintaining, altering, or re-
pairing such wiring are required to
hold an appropriate license issued by
State Board of Examiners of Elec-
trical Contractors.
Statutory Authority
150B-I1(1).
G.S. 87-39; 87-42;
SECTION .2700 - DESCRIPTION OK FORMS:
CERTIFICATES AND PUBLICATIONS
.2701 FORMS PROVIDED BY HIE BOARD
(h) License Applications; Elorida Reciprocity.
I hese forms are designed for the applicant to
lurnish essentially the same tvpe of information
as is provided on the forms described in Para-
graphs (c). (d) and (f) of this Rule.
rij (+H Bonding Ability Statement. A bonding
ability statement form is provided to an applicant
wishing to obtain a license in either the interme-
diate or unlimited classification. This form is to
be completed by a bonding company duly li-
censed to issue performance bonds in North
Carolina. The form is designed for the bonding
company to state its bonding experience with the
applicant and amount of performance bond the
bonding company will be willing to issue to ap-
plicant at the date the form is completed and
signed. The signer's power te of attorney must
accompany the bonding ability statement form.
(]} (*) Certification of Qualified Person. This
form is provided to any licensee or applicant for
a license whose qualified person is someone other
than the licensee or applicant for a license. This
form is designed for the licensee or applicant for
a license to certify who will be the qualified per-
son for the licensee and that the said qualified
person is, or will be regularly employed by the
licensee and has, or will have, the specific duty
and authority to supervise and direct all electrical
installation, maintenance, alteration or repair of
any electric wiring, devices, appliances or equip-
ment done in the name of the licensee.
(k) (j) Joint Venture Affidavit. This form is
provided to two or more firms wishing to enter
into a joint venture contractual agreement for
electrical contracting projects in North Carolina
and is required to be filed with the board in any
case where all of the contractors involved in the
joint venture are not duly licensed to engage in
the project on their own. The form is designed
for the parties involved in the joint venture to
furnish the fo
( I) names of the joint venturers;
name and location of project involved;
name of duly licensed electrical contractor
having the duty and authority for super-
vision in accordance with the Electrical
Contracting Licensing Act; and
signatures and titles of joint venturing
parties, notarized by a duly certified
notary public.
(1) fJrf Affidavit Certifying Employee Exception.
This affidavit form is provided to any licensee
whose relationship with his employees has been
challenged and it is alleged that someone other
than his bona fide employees is engaging in elec-
trical work under the auspices of his license. The
form is designed for the licensee to furnish the
following information:
(1) That the person in question is employed
by licensee in the capacity of a mechanic
(journeyman electrician);
(2)
(3)
(4)
NORTH CAROLINA REGISTER
170
PROPOSED RULES
(2) The employee receives compensation from
the licensee which is reasonably related to
the hours worked, or the work accom-
plished, by the employee for the licensee;
(3) The related compensation paid to the
employee is reported to federal and state
tax authorities as earnings of the individ-
ual employee with appropriate deductions
taken and reported for withholding taxes
and FICA contributions;
(4) The employee is clearly covered by
licensee's worker's compensation insur-
ance as shown by the inclusion of the
employee's related compensation on the
premium audit of the licensee's insurance
carrier;
(5) AH work performed by the employee is
performed under the direction and super-
vision of a qualified person regularly em-
ployed by the licensee; and
(6) Signature and title of submitter, notarized
by a duly certified notary public.
Statutory Authority G.S. 87-39; 87-42; 87-43;
87-43.1; 87-43.2; 87-43.3; 87-43.4; 87-44;
I50B-11.
.2702 CERTIFICATES ISSUED
BY HIE BOARD
(a) Annual License Certificate. An annual li-
cense certificate is issued to each eligible licensee.
This certificate contains the following informa-
tion:
(i) name aftd mailing address in which license
is issued;
(b) Permanent Pocket Card. A permanent
pocket identification card is issued to each person
who has taken and passed the qualifying exam-
ination for a license. This card contains the fol-
lowing information:
(4) date of issuance ef or date examination
was passed.
Statutory Authority G.S. 87-39; 87-42; 87-43;
87-43.1; 87-43.3; 87-43.4; 87-44; 150B-II.
.2703 PUBLICATIONS AVAILABLE FROM
THE BOARD
The following publications are available from
the board:
(2) General and special rules, regulations and
procedures for the implementation of the
laws applicable to electneal contracting m
the State of North Carolina;
(4* Ruloo, regulations and procedures fot the
qualifying ef applicants em4 issuance) ©f
olootricol contracting liconsos m the single)
family detached residential dwelling classi
fication, SP SI'D;
(4) Spooiol rules, regulations and procedures fef
the establishment ef spocial restricted eloc
trical contracting license classifications;
(4* Spooial rules, regulations aw4 procedures fef
the qualifying ef applicants and issuance e4
electrical contracting licenr.es m the special
restricted elevator classification, SP LL;
(6* Special rules, regulations and- procedures fef
the qualifying ef- applicants and issuance of
electrical contracting licenses i» the spocial
restricted class } plumbing and heat in u clas
sification, SP PH Class h
f?* Spocial rules, regulations and procedures fef
the qualifying »f applicants and issuanco trf
electneal contracting licenses » the special
restricted class H plumbing a«4 heating
classification, SP PH Class Ik
(-S* Special rules, regulations and procedures fef
the qualifying t4 applicants a«d issuance ef
electrical contracting licenses i» the special
restricted groundwater pump classification,
SP WP;
(-9* Special rules, regulations and procedures fef
the qualifying ef applicants aed issuance »f
electrical contracting licenses h* the special
restricted electric s*^» classification, SP LS;
(40* Special rules, regulations and procedures
fof the qualifying of applicants and issuance
el electrical contracting liconsos » the spe-
6*4 restricted low voltage classification,
SP LV;
(44* Spocial rulos, regulations and procedures
h*f the qualifying ef applicants <m4 issuanco
ef electneal contracting licenses m asy other
special restricted classifications established
by- the board;
(44* (3) Information booklet for persons apply-
ing to take the qualifying examination for
an electrical contracting license in the lim-
ited, intermediate or unlimited classification;
(44* (4) Current edition »f The National Elec-
trical Code, NPPA 70, at the current price;
and
(44* £5} Volume iV- Hloctncal, The North
Carolina Building Code, Volume IV Llec-
tncal, at the current price.
Statutory Authority G.S. 87-39; 87-42; 87-43;
87-43.1; 87-43.3; 87-43.4; 87-44; 150B-II.
171
NORTH CAROLINA REGISTER
FINAL RULES
U pan request from the adopting agency, the
text of rules will be published in this section.
W hen the text of any adopted rule is iden-
tical to the text of that as proposed, adoption
of the rule will be noted in the "List of Rules
Affected" and the text of the adopted rule
will not be republished.
A dopted rules filed by the Departments of
Correction, Revenue and Transportation are
published in this section. These departments
are not subject to the provisions ofG.S. I SOB,
Article 2 requiring publication of proposed
rules.
TITLE 19A - DEPARTMENT OF
TRANSPORTATION
CHAPTER 3 - DIVISION OF MOTOR
VEHICLES
SUBCHAPTER 3D - LICENSE AND THEFT
SECTION
SECTION .0200 - MOTOR VEHICLE DEALER
AND SALESMAN LICENSE
.0201 REQUIREMENT FOR LICENSE
(REPEALED)
History Note: Statutory Authority G.S. 20-1;
20-52.1; 20-75; 20-79; 20-82: 20-286(6) and
(15); 20-287; 20-288; 20-290(a); 20-291;
20-294 through 20-296; 20-301 through 20-305;
20-305.1 through 20-305.3; 54-4; 55-131;
66-68; 143B-350(g);
Eff July 1, 1978;
Amended Eff. March I, 1982; April 11, 1980.
Repealed Eff June 1, 1988.
.0203 LICENSE FEES (REPEALED)
.0204 DESCRIPTION OF LICENSE
(REPEALED)
.0205 CHANGE OF EMPLOYMENT
(REPEALED)
.0206 RECORDS (REPEALED)
.0207 HEARINGS PURSUANT TO ARTICLE
12 (REPEALED)
.0208 ILLEGAL LSE OF DEALER PLATES
(REPEALED)
.0209 DEALER PLATES LOST OR
STOLEN (REPEALED)
.0210 CONDITIONS FOR ISSUING
TEMPORARY MARKERS BY A
DEALER (REPEALED)
.021 1 ISSUANCE OF TEMPORARY MARKER
RECEIPTS (REPEALED)
.0212 DEALER'S DELIVERY OF
PURCHASER'S APPLICATION:
REGISTRATION (REPEALED)
History Note: Statutory Authority G.S. 20-1;
20-39; 20-52.1; 20-68; 20-68 (a); 20-75; 20-79;
20-79(a)(b); 20-79.1; 20-82; 20-85(5);
20-87(7); 20-286(6) ( 15); 20-289; 20-290(a);
20-291; 20-294 through 20-296; 20-297; 20-301
through 20-305; 20-305.1 through 20-305.3;
20-347;
Eff. March I, 1982.
Repealed Eff. June 1, 1988.
.0213 RENEWAL OF DEALER PLATES
(REPEALED)
History Note: Statutory Authority G.S. 20-39;
20-66; 20-79;
Eff. August 1, 1982.
Repealed Eff. June 1, 1988.
.0214 CORP. SURETY BONDS: MOBILE
/MANUFACTURERED HOME DEALERS
(REPEALED)
History Note: Statutory Authority G.S. 20-39;
20-288 (e);
Eff. December 1, 1982.
Repealed Eff June I, 1988.
.0215 ELIGIBIITY FOR LICENSING
Any person, firm or corporation who upon
proper application meets the qualifications and
requirements set out in Article 12 of Chapter 20
of the North Carolina General Statutes, related
statutes and regulations contained in Title 19A,
Subchapter 3D, Section .0200.
History Note: Statutory Authority G.S. 20-1;
20-302;
Eff. June 1, 1988.
.0216 DEFINITIONS
(a) Statutory' Definitions: Definitions for
words and phrases used in these regulations not
defined in subsection (b) shall be the same as the
definitions appearing in G.S. 20-286 and G.S.
20-4.01.
(b) Administrative Definitions: The following
words and phrases shall have the meanings listed
below when used in these regulations:
(1) "Principal Place of Business" - Means a
salesroom containing 96 square feet of
floor space in a permanently enclosed
building or structure which is separate and
apart from any living quarters, residence
or other business and having a separate
entrance; where any vehicles displayed are
separate and apart from vehicles of any
NORTH CAROLINA REGISTER
172
FINAL RULES
other dealer; having displayed thereon or
immediately adjacent thereto a sign, in
block letters of not less than 3 inches in
height on a contrasting background,
clearly and distinctly designating the trade
name of the business at which a perma-
nent business of bartering, trading and
selling of motor vehicles will be carried on
as such in good faith and at which place
of business shall be kept and maintained
the books, records, and files the Division
may require as necessary to conduct the
business at such location. Provided,
however, the minimum area requirement
provided for in this paragraph is not ap-
plicable to any established place of busi-
ness lawfully in existence and duly
licensed on or before January 1, 1978.
(2) "Supplemental Location" - Any improved
or unimproved lot that is not immediately
adjacent to the principal place of business
at which a permanent business of
bartering, trading and selling motor vehi-
cles will be carried on as such in good
faith and which is located within the rele-
vant trade area of the applicant dealer as
defined by G.S. 20-286(13b). A supple-
mentary lot must have displayed thereon
a sign in block letters not less than 3
inches in height on a contrasting back-
ground, clearly and distinctly designating
the trade name of the business and the
address and telephone number of the
principal place of business. Supplemental
locations must operate in exactly the
same name as the principal place of busi-
ness and only vehicles owned by or law-
fully consigned to the principal place of
business may be offered for sale at sup-
plemental locations.
(3) "Suspension" - The temporary withdrawal
of a license issued by the Division of
Motor Vehicles to a motor vehicle dealer,
manufacturer, factory branch, distributor,
wholesaler or their salesman or represen-
tative for a definite period.
(4) "Revocation" - The termination of a li-
cense issued by the Division of Motor
Vehicles to a motor vehicle dealer, man-
ufacturer, factory branch, distributor,
wholesaler or their salesman or represen-
tative.
History Note: Statutory Authority G.S. 20-1;
20-302;
Eff. June I. 19SS.
.0217 APPLICATION FOR LICENSE
(a) Applications for all licenses required by the
Dealers and Manufacturers Licensing Act shall
be made on forms furnished by the Division and
signed by the Owner, partner or proper officer
of a corporation and filed with the Enforcement
Section, N. C. Division of Motor Vehicles;
Raleigh, North Carolina 27697, accompanied by
the necessary fees; provided, the Division shall
not issue a motor vehicle dealer license to a new
motor vehicle dealer unless or until the applicant
has satisfied the Division that a distributor or
manufacturer has awarded the applicant a fran-
chise to sell new motor vehicles in the relevant
market area for which a license is sought. The
Division shall not issue a supplemental license
for any location where such location is outside
the trade area, or such location is of a distance
from the principal place of business that the re-
cords and files are not immediately available to
transfer ownership of vehicles sold or traded at
such location. The Division shall not issue more
than one supplemental license per location and
only one dealer may locate on each supplemental
lot.
(b) The application and renewal for license to
do business as a manufacturer, factory branch,
distributor, wholesaler, dealer, or dealer supple-
mental must be signed by the owner, partner or
an officer of the corporation. The application for
license as a motor vehicle salesman, distributor
or factory representative must be certified by the
owner, partner, or an officer of the corporation.
(c) /Ml applications for dealer licenses must ac-
curately describe the physical location of the
business such as: street number, street name,
city, state and zip code. If a post office box or
rural route is used, the above information must
also be included. It is not permissible to have a
mailing address different from the actual location
of the business.
(d) Each applicant before being approved for
license as a motor vehicle dealer, manufacturer,
distributor, wholesaler or factory branch shall
furnish a corporate surety bond; cash bond or
fixed value equivalent thereof in the amount of
fifteen thousand dollars ($15,000) for each prin-
cipal place of business and an additional five
thousand dollars ($5,000) for each additional or
supplemental location. This bond shall remain
in force and effect so long as the licensee remains
in business. When a cash bond or equivalent
thereof is filed with the Division, same shall re-
main in effect for a period of four years after ter-
mination of business. The name and address
appearing on the bond must be exactly as shown
on dealer application.
(e) The Division must have evidence of an as-
sumed name being filed with the Register of
Deeds in the county in North Carolina where the
173
\ORTH CAROLINA REGISTER
FINAL RULES
business is maintained when such business is
operated under any designation, name or style
other than the real name of the owner or owners
thereof or under its corporate name. After this
filing when there is a change of name and/or
ownership, such must be filed with the Register
of Deeds and evidence of this change being filed
furnished to the Division of Motor Vehicles.
(f) A foreign corporation must procure a cer-
tificate of authority from the North Carolina
Secretary of State before being licensed to operate
in this State under the Dealers and Manufactur-
ers Licensing Law, and written proof of same
provided to the Division.
(g) Before a North Carolina corporation can
be licensed under the Dealer and Manufacturers
Licensing Law, articles of incorporation must
have been filed with the North Carolina Secretary
of State, and written proof of same provided to
the Division.
(h) Before the Division can issue a dealer's li-
cense the dealership is required to be in compli-
ance with all state, county and municipal zoning
ordinances or regulations, and written proof of
same provided to the Division.
(i) Prior to issuance of a dealer's license the
applicant must purchase all required state and
local "Traders" licenses, and written proof of
same provided to the Division.
(j) License fees for each fiscal year, or part
thereof, shall be as provided under G.S. 20-289;
provided no license shall be issued until the fees
for license required by G.S. 20-79 have been paid
to the Division.
(k) Upon receipt of application for any license
required by the Dealers and Manufacturers Li-
censing Act, the Commissioner shall cause an
investigation to be made to determine whether
the applicant meets the requirements of law for
licensing as a motor vehicle dealer, manufacturer,
factory branch, distributor, wholesaler, motor
vehicle salesman, factory representative or dis-
tributor branch representative, and this shall in-
clude the inspection of the proposed location,
applications and other required documents by an
agent of the Lnforcement Section.
(1) When applicant for license under this sec-
tion is approved, based upon the application and
the results of investigation made, the applicant
will be issued license subject to the following
limitations:
(1) A license issued under the Motor Vehicle
Dealers and Manufacturers Licensing Act
shall be valid until suspended, revoked or
expired. License must be at all times
conspicuously displayed at the place des-
ignated therein.
(2) Any motor vehicle dealer, manufacturer,
factor)' branch, distributor, or wholesaler
who moves his place of business from the
location for which license was issued shall
immediately notify the Lnforcement Sec-
tion, North Carolina Division of Motor
Vehicles, of such change of location and
shall not engage in the business of buying,
selling, trading or manufacturing motor
vehicles until the new location has been
inspected and approved by an agent of the
Division and the necessary form and ad-
ditional fees, if any, have been submitted
to the Division.
(3) License issued pursuant to this Article
shall not be assignable and shall be valid
only for the owner, or owners in whose
name or names they are issued and for
transaction of business only at place des-
ignated therein. If individual, partnership
or proprietorship should incorporate, new
fees are due.
(4) The Division shall be notified when there
is a change of name and licensee shall
produce evidence that a bond as required
by G.S. 20-288(e) is in effect.
(m) The Commissioner shall deny the applica-
tion for any license under the Motor Vehicle
Dealers and Manufacturers Licensing Act of any
applicant who fails to meet the qualifications set
out in Article 12 of Chapter 20 of the North
Carolina General Statutes. Upon denial, appli-
cant:
( 1 ) Will be notified by certified mail within
30 days from denial of license, directed to
the address shown by applicant on appli-
cation form.
(2) Upon request, will be afforded a hearing
by the Commissioner of Motor Vehicles
as required under provisions of G.S.
20-295; applicant must file request for
hearing allowed by this section within
thirty (30) days of denial of license.
(n) Every motor vehicle salesman who engages
in business in this State as such must obtain a
license. Applicants for a motor vehicle sales-
man's license shall be subject to the following
provisions:
(1) A salesman, factory representative, or dis-
tributor representative, must be employed
by a motor vehicle dealer, manufacturer,
factory branch, distributor or wholesaler.
(2) All applications for salesmen, factory rep-
resentative, and distributor representative
licenses must be made on forms furnished
by the Division. Each application must
be signed by the applicant and endorsed
by the employer or employers.
(3) All salesmen, factory representative, and
distributor representative licenses shall be
valid until suspended, revoked, or expira-
NORTH CAROLINA REGISTER
174
FINAL RULES
tion, or until employment as a salesman,
factor*' representative or distributor repre-
sentative is terminated.
(4) All salesmen, factory1 representatives, and
distributor representatives shall at the time
of changing employment return his license
and make application to the Division on
forms furnished by the Division designat-
ing the name and address of the new em-
ployer and must be signed by the
applicant and endorsed by the employer
or employers.
There is no fee for change of employment in
the same category, however, the purchase
of a new license would be required for the
following changes: Factory representative
to distributor representative or vice versa.
Distributor representative to motor vehicle
salesman or vice versa. Motor vehicle
salesman to factory representative or vice
versa.
Histon Sote: Statutory Authority G.S. 20-1;
20-52.1; 20-75; 20-79; 20-S2; 20-286(6) and
(15); 20-287; 20-288; 20-290(a); 20-291;
20-294 through 20-296; 20-301 through 20-305;
20-305.1 through 20-305.3; 54-4; 55-1 31; 66-68;
143B-550(g);
Eff. June I. 1988.
.0218 DESCRIPTION OF LICENSE
(a) Every license issued to a dealer, manufac-
turer, factory branch, distributor, or wholesaler
must show the name of the business, location,
license number and expiration of license.
(b) Every license issued to a salesman, factory
or distributor representative must show his name
and address, name of his employer and expiration
date.
(c) Every dealer and manufacturer plate must
show a distinctive number, the name of this
State, the year it was issued for and a distin-
guishing symbol or word showing that the plate
or plates arc issued to a dealer or manufacturer.
(d) Every motor vehicle manufacturer or motor
vehicle dealer shall, on or before the 30th day of
June in any calendar year, apply for and obtain,
upon payment of proper fees, the license and
number plates required by G.S. 20-79.
History Sote: Statutory Authority G.S. 20-1;
20-79; 20-290 (a); 20-291;
Eff. June I. 1988.
SECTION .0200 - MOTOR VEHICLE DEALER
AND SALESMAN LICENSE
.0219 BLSINESS RECORDS
(a) All motor vehicle dealers, manufacturers,
factor)' branches, distributors and wholesalers
shall keep a record for at least four years of all
vehicles manufacturers, received, sold, traded or
junked. In addition to these records, a copy of
an odometer disclosure form, completed with the
information required by law from the seller and
a copy of an odometer disclosure form, com-
pleted with the information required by law,
given to the purchaser.
(b) Additional records required under this sec-
tion shall include:
(1) Make, body style, vehicle identification
number, and year model.
(2) Name of person, firm or corporation from
whom acquired.
(3) Date vehicle purchased or manufactured.
(4) Name of person, firm or corporation to
whom sold or traded. If vehicle junked,
date, name and address of person, firm or
corporation to whom frame, motor and
body sold.
(5) Date vehicle sold or traded.
(6) Copy of bill of sale (written statement).
(c) All records required to be maintained in
paragraphs (a) and (b) shall be kept and main-
tained for every vehicle purchased or sold and
shall be kept so as to be readily available for in-
spection upon demand from an authorized agent
of the North Carolina Division of Motor Vehi-
cles in order that the ownership of any vehicle
purchased or sold can be traced.
(d) Manufacturer's Certificates of Origin and
title for all vehicles owned by a motor vehicle
dealer, manufacturer, factory branch, distributor
or wholesaler must be immediately available to
assign to the purchaser.
(e) Retail installment sales must be made in
accordance with G.S. 20-303. Cash sales may
be made by proper endorsement and delivery of
the title to the purchaser and any other receipt
that the purchaser and seller agree upon.
(f) Pursuant to 16 CER 455.2 a dealer shall not
willfully remove the "Monroney Label" or
sticker from a new motor vehicle that is displayed
for sale. The "Monroney Label" must be affixed
to the new vehicle at the time of sale to the ulti-
mate purchaser. 'Ultimate Purchaser" means
the first person, other than a dealer purchasing in
his capacity as a dealer, who in good faith pur-
chases a new automobile for purposes other than
a resale.
(g) Pursuant to 15 L'SC Sec. 1231 every dealer
offering used cars for sale shall post buyers guides
with warranty information as required by the
federal Trade Commission and same shall be
displayed at the time of sale.
175
NORTH CAROLINA REGISTER
FINAL RULES
History Note: Statutory Authority G.S. 20-1;
20-52, 20-75; 20-79 (a) and (b); 20-82;
20-286(6) and (15); 20-297; 20-302; 20-303;
20-347;
Eff. June 1, 1988.
.0220 INSPECTION AND INVESTIGATION
(a) The Division may make periodic in-
spections of premises and records of licensee.
(b) All bona fide compliants received in writing
by the Commissioner about any person, firm or
corporation licensed under Article 12 of Chapter
20 shall be investigated for the purpose of deter-
mining whether there has been a violation of that
Article, Article 15 or these rules.
(c) The Division shall also conduct an investi-
gation when it has reasonable grounds to believe
there has been a violation of Chapter 20 or these
rules.
History Note: Statutory Authority G.S. 20-1;
20-49; 20-297; 20-302;
Eff June 1. 1988.
.0221 CONDITIONS FOR ISSUING
TEMPORARY MARKERS BY A DEALER
(a) Ownership in the vehicle must pass from
the dealer to the purchaser by assigning the title
or Manufacturer's Certificate of Origin and by
delivering the vehicle to the buyer.
(b) Dealer has obtained from purchaser an ap-
plication for registering and titling of the pur-
chased vehicle.
(c) Dealer has collected all prescribed fees for
titling and registering the vehicle.
(d) Dealer has certification (Form FR-2) certi-
fying liability insurance in effect.
(e) Exception:
The only exception to the above rules b
and c is when the dealer is selling the vehi-
cle to an out-of-state purchaser and the
vehicle is to be removed from the State of
North Carolina to the purchaser's home
state prior to the expiration of the 30-day
temporary registration marker. Form
FR-2 (Insurance Certification) shall be
completed and kept by the dealer as part
of his records.
(f) Issuance of 30-day temporary marker:
(1) All 30-day temporary markers shall be is-
sued in numerical order, beginning with
the lowest number of the set or sets.
(2) The vehicle identification number, the
make, the issuance date, and the expira-
tion date shall be entered clearly and
indelibly on the face of the temporary
marker.
(3) A receipt, which corresponds in number
with the 30-day temporary marker, shall
be issued.
(4) The receipt shall be completed in dupli-
cate, with pen and ink, and must be read-
able.
(5) The white copy of the receipt, with the
30-day marker, shall be delivered to the
purchaser. The pink copy is to be re-
tained in the book by the issuing dealer
for at least one (1) year.
(6) All documents necessary to title and reg-
ister the vehicle shall be presented to a li-
cense plate agency or mailed to the North
Carolina Division of Motor Vehicles on
the date of issuance. (EXCEPTION):
When the purchaser is a nonresident, a
30-day temporary marker may be issued
to the nonresident for the sole purpose of
removing the vehicle to his home state,
provided the customer has in effect liabil-
ity insurance with a company licensed in
North Carolina. The dealer is neither re-
quired to obtain from such nonresident a
written application for North Carolina
registration nor to collect the North
Carolina registration fees. However,
Form FR-2 should be completed and
kept by the dealer as part of his records.
If a plate is to be transferred, a 30-day
temporary marker cannot be issued. Re-
cord the information on the report sheet
in the back of receipt book.
(7) All 30-day temporary markers and/or re-
ceipts that are voided shall be marked
"voided" and recorded on the report
sheet. The white copy of the receipt and
the 30-day temporary marker shall be
forwarded to the North Carolina Division
of Motor Vehicles Enforcement Section
together with the report sheets. Receipts
and 30-day temporary markers that do not
match shall be returned to the Division
after recording on report sheet. The re-
ceipt is not to be altered.
(8) Only one (1) 30-day temporary marker
may be issued per vehicle per sale.
(9) Upon issuance of all receipts (Markers) in
each receipt book, the report sheet must
be completed in duplicate and the original
mailed to the Division. A copy of the
report sheet must be retained by the
Dealer for one (1) year.
History Note: Statutory Authority G.S. 20-39;
20-79.1;
Eff. June 1, 1988.
.0222 DEALER'S DELIVERY OF
NORTH CAROLINA REGISTER
176
FINAL RULES
PURCHASER'S APPLICATION:
REGISTRATION
The Division's copy of the temporary' marker
receipt should be attached to the purchaser's ap-
plication for title and license and submitted with
other necessary documents to the Division within
four working days of issuance. If the purchaser
is a nonresident, the Division's copy of the tem-
porary marker receipt must be sent without ap-
plication for North Carolina title and license to
the Division within four working days of issu-
ance.
History Note: Statutory Authority G.S. 20-39;
20-79.1;
Eff. June I, I9S8.
.0223 DEALER PLATES
Application for plates must be signed by owner,
partner or officer of the corporation. Lost or
stolen dealer plates must be reported to the Di-
vision of Motor Vehicles in writing. To replace
such plates, complete the appropriate form and
a replacement fee of nine dollars ($9.00) for each
plate. Dealer plates issued to the principal place
of business are valid for use at supplemental lo-
cations. No dealer plates will be issued specif-
ically for supplemental locations.
History Mote: Statutory Authority G.S. 20-39;
20-68; 20-85(5):
Eff. June I, 1988.
.0224 ILLEGAL USE OF DEALER PLATES
(a) It is illegal to use dealer plates on vehicles
operated for any other business that the dealer is
engaged in. The sale of farm machinery, not in-
cluding farm tractors, is considered another busi-
ness and delivery of farm machinery by motor
transport' is not permitted with dealer plates.
(b) Parts trucks used in delivering parts to other
sales outlets may use dealer plates only if the sale
of parts is incident to the dealer business. A
parts business that is separate and apart from the
dealership cannot use dealer plates.
(c) It is illegal to use dealer plates on vehicles
that are not owned by the dealer.
(d) It is illegal to use dealer plates for personal
use of dealers, dealers families or employees.
(e) It is illegal to use dealer plates on wreckers
used for general wrecker service or on wreckers
which move vehicles on a rotation basis at the
request of state or local law enforcement author-
ities. It is permissible to use a dealer plate on
wreckers which tow vehicles for the dealer's cus-
tomers onlv.
History Sote:
G.S. '20-79;
Statutory Authority G.S. 20-39;
Eff. June 1, 1988.
.0225 VEHICLES OFFERED FOR SALE
OWNED BY DEALERSHIP
No vehicle shall be sold or offered for sale or
trade by any motor vehicle dealer, manufacturer,
factory branch, distributor or wholesaler until
said motor vehicle dealer, manufacturer, factory
branch, distributor, or wholesaler has in his pos-
session a certificate of title or manufacturers cer-
tificate of origin or same is immediately available
to complete transfer of ownership to the
consumer-purchaser.
History Note: Statutory Authority G.S. 20-39;
G.S. 20-79;
Eff. June /, 1988.
.0226 VEHICLES OFFERED FOR SALE
ON CONSIGNMENT
(a) Any dealer offering a vehicle for sale that is
on consignment from a manufacturer, distribu-
tor, factory branch, distributor branch, whole-
saler, or an individual shall have in his possession
a consignment contract for each vehicle, executed
by both parties.
(b) The consignment contract shall consist of
the following:
(1) The effective dates of the contract.
(2) The complete name, address, and the
telephone number, if available, of the
owner.
(3) A complete description of the vehicle on
consignment, including the make, model,
body style, year, and vehicle identification
number.
(4) The listing charges.
(5) The percentage of commission or the
amount of the commission the dealer is
to get if the vehicle is sold.
(6) The "after termination" clause shall not
exceed 30 days.
(c) Any dealer offering a vehicle for sale on
consignment must tell the prospective customer
that the vehicle is on consignment unless the
dealer is going to take ownership of the vehicle
by completing a re-assignment on the title docu-
ments.
(d) Dealer plates cannot be used to demon-
strate a vehicle on consignment. The consignee's
plate may be used if liability insurance is in effect.
(e) In addition to a consignment contract, the
dealer shall have in his possession an equipment
listing of the vehicle, consisting of, but not lim-
ited to, the following:
(1) Owners name and address.
(2) Complete description of the vehicle which
shall include the year, make, model, body
style, color, odometer reading, special or
/"
NORTH CAROLINA REGISTER
FINAL RULES
extra equipment, and the disclosure of
known defects.
(3) The vehicle must display a current safety
inspection certificate.
(f) The ownership documents of any vehicle
on consignment must be made available to any
authorized agent of the North Carolina Division
of Motor Vehicles on request. The ownership
documents must be readily available from the
owner.
(g) The owner must execute the ownership
documents and deliver them to the purchaser at
the time the vehicle is delivered.
History Note: Statutory Authority G.S. 20-302;
Eff. June 1, 1988.
.0227 VEHICLES OFFERED FOR SALE
ON A FLOOR PLAN LIEN
(a) Any dealer offering a vehicle for sale that
has a floor plan lien on it shall at the time of sale,
satisfy the floor plan lien and obtain the title
from the floor plan lienholder, execute the title
documents and deliver them to the purchaser or
the lienholder as required by G.S. 20-72 at the
time the vehicle is delivered.
(b) Manufacturers Certificate of Origin and ti-
tles may be retained by the floor plan lienholder
so long as the Manufacturers Certificate of Origin
and/or titles are located within the boundaries of
North Carolina; provided the dealer has in pos-
session, available for inspection, an invoice from
the manufacturer or distributor and a floor plan
disclosure form completed, dated and signed by
both parties.
History Note: Statutory Authority G.S. 20-302;
Eff. June 1, 1988.
.0228 BILL OF SALE -WRITTEN
DOCUMENTATION
Every motor vehicle dealer, manufacturer, fac-
tory branch, distributor or wholesaler at the time
of sale or trade shall provide to the buyer in
writing the applicable information listed below
which may be on a bill of sale, buyer's order, fi-
nancial statement or combination thereof. Each
form must be completed in duplicate, signed by
the buyer and seller, and the original or copy
provided to the buyer and a copy of original re-
tained by the dealer for four (4) years. Such
documents shall include:
(1) Name and address of person, firm or cor-
poration to whom vehicle sold or traded.
(2) Date of sale or trade.
(3) Name and address of motor vehicle dealer,
manufacturer, factory branch, distributor or
wholesaler selling or trading vehicle.
(4) Make, body style, vehicle identification
number and year model.
(5) Sale price of vehicle.
(6) Amount of cash down payment made by
the buyer.
(7) Description of any vehicle used as a
trade-in and the amount credited the buyer
for sale trade-in. (Description of trade-in
shall be the same as outlined in (d) above.)
(8) Amount of finance charge, if any, and in-
terest.
(9) The cost of insurance to the buyer, if any,
and an explanation of the type and amount
of coverage.
(10) Any investigation charges, service charges
or any other charge or charges not included
in previous items. The purpose of each
charge must be specified.
(11) Net balance due from the buyer.
( 1 2) The amount of each payment and the time
and schedule of deferred payment and to
whom payments are to be made.
(13) Bill of sale must be signed by both the
seller and buyer.
History Note: Statutory Authority G.S. 20-39;
Eff June 1, 1988.
.0229 CORP. SURETY BONDS: MOBILE/
MANUFACTURED HOME DEALERS
A motor vehicle dealer who is engaged in the
principal business of selling mobile or manufac-
tured homes (as defined in G.S. 143-143.9) and
who also sells other motor vehicles as an incident
to this principal business, shall either:
(1) furnish to the Division a corporate surety
bond, cash bond, or fixed equivalent thereof
pursuant to G.S. 20-288(e); or
(2) furnish to the Division a copy of the bond
that the dealer has furnished to the North
Carolina Manufactured Housing Board,
pursuant to G.S. 143-143.12, a corporate
surety bond which includes the condition
that the obligor will faithfully conform to
and abide by the provisions of Article 12 of
North Carolina General Statutes Chapter
20.
History Note: Statutory Authority G.S. 20-39,
20-288(e);
Eff. June 1, 1988.
.0230 SUSPENSION: REVOCATION AND
RENEWAL REFUSED
(a) Suspension: Any person, firm or corpo-
ration whose license is suspended shall:
(1) Surrender all licenses and license plates
(dealer, manufacturer or temporary
marker) to the Division and not engage in
NORTH CAROLINA REGISTER
178
FINAL RULES
the business of buying, selling, trading or
manufacturing motor vehicles while li-
cense is suspended.
(2) Reinstatement: At the termination of pe-
riod of suspension, license, license plates
and temporary markers will be returned
to licensee upon payment of necessary
fees, if any. If no fees are due, license, li-
cense plates and temporary markers will
be returned to licensee upon request; if
fees are due, licensee shall be notified prior
to date of termination of suspension.
(b) Revocation:
(1) Any person, firm or corporation whose
license has been revoked shall surrender
all licenses, license plates (dealer, man-
ufacturer and temporary marker) to the
Division and not engage in the business
of buying, selling, trading, or manufactur-
ing motor vehicles until new license and
license plates have been obtained.
(2) New license required:
(A) Where a license has been revoked, a
new license must be obtained before car-
rvina on any activity covered by Artical
12 of Chapter 20.
(B) The procedure for obtaining a new li-
cense after revocation shall be the same
as that for obtaining an original license
except that application shall have noted
on the face thereof by applicant the fact
that poor license has been revoked and
the date of such revocation.
(C) Where dealer or manufacturer's license
plates have been revoked, the procedure
for obtaining new plates shall be the same
as that for obtaining original license
plates.
(c) Renewal refused: Any person, firm or
corporation whose renewal application for license
has been refused must surrender all license plates
to the Division for cancellation.
Statutory Authority G.S. 20-1;
History Sote
20-302;
Eff. June 1. I9SS
.0231 HEARINGS PURSUANT TO ARTICLES
12 AND 15 OF CHAPTER 20
(a) The following shall be applicable to
hearings requested under G.S. 20-296:
(1) No license issued under tins .Article shall
be suspended, revoked or renewal refused
until a hearing has been had before the
Commissioner or a person designated by
him and license shall have been notified
in writing 10 days prior to such hearing
by certified mail to his last known address
as shown by records of the Division.
Provided, however, if a licensee fails to
maintain a bond as required by G.S.
20-2SS(e) or fails to purchase dealer li-
cense plates as required by G.S. 20-79, the
Division shall cancel the dealer's license
subject to the provision that the licensee
shall be granted a hearing if requested in
writing within 10 days after the date of
cancellation of such license.
(2) Hearing shall be held at a place designated
by the Commissioner.
(3) The licensee shall be advised of the deci-
sion of the Commissioner in writing by
certified mail within thirty (30) days of the
decision to his last known address as
shown by records of the Division.
(4) The decision of the Commissioner or his
duly authorized representative, after hear-
ing, shall be final and appeal therefrom
shall be as provided in Chapter 150B of
the North Carolina General Statutes (G.S.
20-300).
(b) Except as otherwise provided, the North
Carolina Rules of Civil Procedure will be appli-
cable to hearings requested under N.C.G.S.
20-304 through 20-305.4.
(1) Action shall be initiated by the filing of a
petition with the Commissioner of Motor
Vehicles, North Carolma Division of
Motor Vehicles, Raleigh. N. C. 27697,
who shall serve a copy thereof on the af-
fected manufacturer by certified mail (re-
turn receipt requested) with notice that
such manufacturer should reply to the
subject petition of the dealer within thirty
(30) days unless enlargement of time to
fde a reply is requested and allowed by the
Commissioner.
(2) Petitioner and replies:
(A) The form of the petition shall be the
same as that required for filing of petitions
in the superior court and there shall be
attached thereto a copy of the franchise
agreement between the dealer and man-
ufacturer.
(B) The form of the reply to the petition
shall be the same as required for the filing
of a reply to a petition in the superior
court and there shall be attached thereto
a copy of the franchise agreement between
the manufacturer and dealer.
(C) Exhibits and supporting documents
shall be attached to the petition or reply
at the lime of filing.
(3) The hearing shall be held at a place desig-
nated by the Commissioner upon twenty
(20) days written notice to both the
petitioner and respondent.
r9
NORTH CAROLINA REGISTER
FINAL RULES
(A) It shall be the obligation of the parties
involved to have present at any hearing
all witnesses which the parties desire to
be heard.
(B) The parties shall be advised of the de-
cision of the Commissioner in writing by
certified mail to the addresses as shown in
the pleadings filed in the action.
(4) The decision of the Commissioner or his
duly authorized representative after hear-
ing shall be final and appeal therefrom
shall be as provided in Chapter 150B of
the North Carolina General Statutes (G.S.
20-300).
(c) If license is cancelled due to licensee's failure
to maintain a bond as required by G.S. 20-288(e)
or failure to purchase dealer license plates as re-
quired by G.S. 20-79, then the licensee may have
a hearing if requested in writing within 10 days
after the license cancellation.
History Note: Statutory Authority G.S. 20-1;
20-294 through 20-296; 20-301 through 20-305;
20-305.1 through 20-305.3;
Eff. June 1, 1988.
SECTION .0800 - SAFETY RULES AND
REGULATIONS
.080 1 S A F EI V O F O P E R AT I O N AN D
EQUIPMENT
(a) The rules and regulations adopted by the
U.S. Department of Transportation relating to
safety of operation and equipment (49 CFR
Parts 390-398 - formerly Parts 290-298 - and
amendments thereto) shall apply to all for-hire
motor carrier vehicles engaged in interstate com-
merce and intrastate commerce over the high-
ways of the State of North Carolina, whether
common carriers, contract carriers or exempt
carriers.
(b) The rules and regulations adopted by the
U.S. Department of Transportation relating to
safety of operation and equipment (49 CFR
Parts 390-398 and amendments thereto) shall
also apply to all private motor carriers engaged
in the transportation of hazardous waste and ra-
dioactive waste in interstate and intrastate com-
merce over the highways of the State of North
Carolina.
(c) The rules and regulations adopted by the
U.S. Department of Transportation relating to
safety of operation and equipment (49 CFR
Parts 390-398 and amendments thereto) shall
apply to all private motor carrier vehicles on the
highways of the State of North Carolina used in
commerce to transport passengers or cargo:
(1) if such vehicle has a gross vehicle weight
rating of ten thousand pouncs or more;
or
(2) if such vehicle is used in the transportation
of materials found to be hazardous in ac-
cordance with the Hazardous Materials
Transportation Act as amended Title 49,
Code of Federal Regulations.
49 CFR Part 395.3(b) shall not apply to any
private motor carrier engaged in a seasonal en-
terprise whenever any current 7 or 8 consecutive
days, as defined by Part 395.2 (c) and (d), has
been preceded by any 24-hour off-duty period as
defined by Part 395.2(e) and the driver is on duty
within a radius of 100 air miles of the point at
which he reports for duty; and provided the
driver has not been on duty more than 70 hours
in any 7 consecutive days or more than 80 hours
in any 8 consecutive days. 49 CFR Part 391.11
(b) (1), (b) (2), and (b) (6) shall not apply to
drivers employed by private motor carriers who
hold a valid North Carolina Driver's License as
of June 1, 1988, or until such time that Part 383
(The Commercial Motor Vehicle Safety Act of
1986) shall be adopted by North Carolina.
History Note: Statutory Authority G.S. 20-384;
Eff. December I, 1983;
Amended Eff. June I, 1988.
NORTH CAROLINA REGISTER
ISO
NC AC INDEX
TITLE/MAJOR DIVISIONS OF THE NORTH CAROITNA ADMINISTRATIVE CODE
TITLE DEPARTMENT
1 Administration, Department of
2 Agriculture, Department of
3 Auditor, Department of State
4 Commerce, Department of
5 Corrections, Department of
6 Council of State
7 Cultural Resources, Department of
8 Elections, State Board of
9 Governor, Office of the
10 Human Resources, Department of
1 1 Insurance, Department of
12 Justice, Department of
13 I^abor, Department of
14A Crime Control and Public Safety, Department of
15 Natural Resources and Community Development, Department of
16 Education, Department of
17 Revenue, Department of
18 Secretary of State, Department of
19A Transportation, Department of
20 Treasurer, Department of State
♦21 Occupational Licensing Boards
22 Administrative Procedures
23 Community Colleges, Department of
24 Housing Finance Agency
25 State Personnel, Office of
26 Administrative Hearings, Office of
NOTE: Title 21 contains the chapters of the various occupational licensing boards.
CHAPTER LICENSING BOARDS
2 Architecture. Board of
4 Auctioneers, Commission for
6 Barber Examiners. Board of
8 Certified Public Accountant Examiners, Board of
10 Chiropractic Examiners, Board of
12 Contractors, Licensing Board for
14 Cosmetic Art Examiners, Board of
16 Dental Examiners, Board of
18 Llectrical Contractors, Board of Examiners of
20 Foresters, Board of Registration for
21 Geologists, Board of
22 Hearing Aid Dealers and Fitters Board
26 Landscape Architects, Licensing Board of
28 Landscape Contractors, Registration Board of
31 Martial and Family Therapy Certification Board
32 Medical Examiners, Board of
33 Midwifery Joint Committee
34 Mortuary Science, Board of
36 Nursing, Board of
37 Nursing Home Administrators, Board of
38 Occupational Therapists, Board of
40 Opticians, Board of
42 Optometry, Board of Examiners in
ISl NORTH CAROLINA REGISTER
NC AC INDEX
44 Osteopathic Examination and Registration, Board of
46 Pharmacy, Board of
48 Physical Therapy, Examining Committee of
50 Plumbing and Heating Contractors, Board of
52 Podiatry Examiners, Board of
53 Practicing Counselors, Board of
54 Practicing Psychologists, Board of
56 Professional Engineers and Land Surveyors, Board of
58 Real Estate Commission
60 Refrigeration Examiners, Board of
62 Sanitarian Examiners, Board of
63 Social Work, Certification Board for
64 Speech and Language Pathologists and
Audiologists, Board of Examiners of
66 Veterinary' Medical Board
NOR TH CAROLINA REGIS TER 182
CUMULA TIVE INDEX
CUMULATIVE INDEX
(April 1988 - March 1989)
1988 - 1989
Pages Issue
1-25 1 - April
26-108 2 - April
109 - 118 3- May
119 - 145 4- May
146-184 5 -June
AO - Administrative Order
AG - Attorney General's Opinions
C - Correction
E - Errata
EO - Executive Order
IDE - Einal Decision Letters
ER - Einal Rule
GS - General Statute
.10 - Judicial Orders or Decision
I R A - I ist of Rules Affected
M - Miscellaneous
NP - Notice of Petitions
PR - Proposed Rule
SO - Statements of Organization
TR - Temporary Rule
ADMINISTRATION
Youth Advocacy and Involvement Office, 148 PR
ADMINISTRATIVE HEARINGS
Hearings Division. 76 PR
COMMERCE
Milk Commission, 120 PR
CRIME CONTROL AND PUBLIC SAFETY
.Alcohol Law Enforcement, 47 PR
ELECTIONS
State Board of Elections, 120 PR
EXECUTIVE ORDERS
Executive Orders 68-71, 1 EO
72,119 EO
73. 146 EO
FINAL DECISION LETTERS
Yotina Riahts Act, 5 EDL. 26 FDL
183 NOR TH CAROLINA REGIS TER
CUMULA TIVE INDEX
HUMAN RESOURCES
Drug Commission, 1 13 FR
Health Services, 7 PR
Medical Assistance, 7 PR, 30 PR, 109 PR, 121 PR
Office of the Secretary, 31 PR
Social Services Commission, 27 PR
INDEPENDENT AGENCIES
Housing Finance, 21 PR, 134 PR
INSURANCE
Fire and Casualty, 32 PR
Fire and Rescue Services Division, 122 PR, 149 PR
LICENSING BOARDS
CPA, 73 PR
Examiners of Flectrical Contractors, 151 PR
Hearing Aid Dealers, 77 FR
LIST OF RULES AFFECTED
April 1, 1988, 102 ERA
May 1, 1988, 137 LRA
NATURAL RESOURCES AND COMMUNITY DEVELOPMENT
Coastal Management, 11 PR, 67 PR
Community Assistance, 69 PR
Forest Resources, 68 PR
Marine Fisheries, 62 PR
Soil and Water Conservation, 1 1 1 PR
Wildlife Resources, 1 1 1 PR
REVENUE
License and Excise Tax, 1 13 FR
SECRETARY OF STATE
Securities Division, 125 PR
STATE PERSONNEL
State Personnel Commission, 135 PR
STATE TREASURER
Local Government Commission, 18 PR
TRANSPORTATION
Division of Motor Vehicles, 172 FR
NOR TH CA ROLINA REGIS TER 184
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